[Congressional Record Volume 147, Number 175 (Monday, December 17, 2001)]
[Senate]
[Pages S13360-S13364]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  SMALL BUSINESS PAPERWORK ACT OF 2001

  Mr. KENNEDY. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 234, S. 1271.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Governmental Affairs, 
with an amendment to strike all after the enacting clause and insert in 
lieu thereof the following:

     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

[[Page S13361]]

     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.''.

  Mr. KENNEDY. Senator Lieberman and Senator Kerry each have an 
amendment at the desk, and I ask unanimous consent that each amendment 
be considered and agreed to and the motion to reconsider be laid upon 
the table en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 2612 and 2613), en bloc, were agreed to, as 
follows:


                           AMENDMENT NO. 2612

 (Purpose: To provide for the task force to examine the feasibility of 
        measures to strengthen the dissemination of information)

       On page 13, line 23, strike, ``and''.
       On page 14, line 3, strike the period and insert ``; and''.
       On page 14, insert between lines 3 and 4 the following:
       ``(b) examine the feasibility of measures to strengthen the 
     dissemination of information.''
                                  ____



                           AMENDMENT NO. 2613

 (Purpose: To modify the appointment of members of the task force, and 
                          for other purposes)

       On page 11, line 9, strike ``Director'' and insert ``head 
     of each applicable department or agency (and in the case of 
     paragraph (12) by the Director)''.
       On page 14, line 7, insert ``, including any minority views 
     of the task force,'' after ``(c)''.
       On page 14, line 8, strike ``and''.
       On page 14, line 12, insert ``and Entrepreneurship'' after 
     ``Business''.
       On page 14, line 16, strike the period and insert ``; 
     and''.
       On page 14, insert between lines 16 and 17 the following:
       ``(3) the Small Business and Agriculture Regulatory 
     Enforcement Ombudsman designated under section 30(b) of the 
     Small Business Act (15 U.S.C. 657(b)).''

  Mr. VOINOVICH. Mr. President, I am pleased that today the Senate will 
pass S. 1271, the Small Business Paperwork Relief Act of 2001.

[[Page S13362]]

  As my colleagues know, small businesses are the backbone of our 
economy and significantly important to the fiscal health of the United 
States. Small businesses constitute more than 90 percent of this 
Nation's employers, employ 53 percent of the private workforce, and 
create approximately 74 percent of this country's new jobs.
  While on the whole, America's small business owners are successful, 
the numerous Federal paperwork requirements that they must face has, I 
believe, have had a negative impact on further entrepreneurial growth 
in the United States. There is little doubt that America's small 
business owners could be even more successful if they were able to 
devote more time and resources to their businesses instead of mountains 
of Federal paperwork. That is why I introduced S. 1271. This ``good 
government'' legislation continues the efforts on the part of Congress 
to streamline and reduce paperwork burdens on small businesses and help 
increase the productivity of American business.
  The Office of Management and Budget--OMB--has estimated that the 
Federal paperwork burden is 7.2 billion hours annually, at a cost of 
some $190 billion per year. Small business owners are particularly hurt 
by regulatory and paperwork burdens. The Small Business 
Administration--SBA--estimates that the costs to small businesses are a 
staggering $5,100 per employee. While many of these requirements are 
important and necessary, the high costs of understanding them and 
complying with them can sometimes prevent small businesses from being 
able to expand or even stay afloat. In some cases, this burden can 
deter entrepreneurs from opening in the first place.
  The Small Business Paperwork Relief Act of 2001 will help improve the 
ability of small business owners to understand and comply with Federal 
regulations and paperwork mandates through the following helpful 
provisions:
  A requirement for OMB to annually publish in the Federal Register and 
on the Internet a list of the compliance assistance resources available 
to small businesses;
  A requirement for each Federal agency to establish a single point of 
contact to help small business owners fill out forms and comply with 
federal regulations;
  A requirement for each federal agency to make further efforts to 
reduce paperwork for small businesses with fewer than 25 employees;
  The establishment of an interagency task force to develop an 
interactive government web-site to help each small business owner 
understand which federal paperwork requirements and regulations apply 
to his or her business;
  An amendment to the Small Business Regulatory Enforcement Fairness 
Act--SBREFA--to require that each agency maintain information on the 
number of enforcement actions in which civil penalties are assessed, 
the number of such actions against small entities, the number of such 
actions in which civil penalties are reduced or waived, and the 
monetary amount of each reduction or waiver.
  As the bill was introduced just this past July, I am pleased that the 
Senate has taken action in considering this important legislation, and 
I am also pleased that the bill enjoys bipartisan support. I would 
particularly like to thank Senator Blanche Lincoln for joining me in 
introducing this bill, and I thank the co-sponsors of S. 1271, Senators 
Bond, Leahy, Jeffords, Conrad, Miller, Lieberman, Carper, Cleland, 
Bunning, Thompson, Collins, Dayton, and Kerry for their strong support.
  I also thank the many business groups who have helped us craft a 
solid bill with their suggestions and those who have lent their support 
to this legislation, particularly: the National Federation of 
Independent Businesses; the U.S. Chamber of Commerce; the American Farm 
Bureau Federation; the Cleveland Growth Association; the Associated 
Builders and Contractors; the National Association of Convenience 
Stores; the American Feed Industry Association; the National 
Association of Manufacturers; the National Tooling and Machining 
Association; National Small Business United; the National Restaurant 
Association; the National Pest Management Association; the Academy of 
General Dentistry; the American Road and Transportation Builders 
Association; the Small Business Coalition for Regulatory Relief; the 
Small Business Legislative Council; the Small Business Survival 
Committee; the Agricultural Retailers Association; the Associated 
General Contractors; the Automotive Parts and Service Alliance; the 
Food Marketing Institute; the National Automobile Dealers Association; 
the National Business Association; the National Roofing Contractors 
Association; the Society of American Florists, and the North American 
Equipment Dealers Association.
  Further, I thank public interest groups such as OMB Watch for their 
valuable input. I also thank the administration for their support of 
this bill and for the valuable input of OMB in helping to make this 
bill more effective in helping our nation's small business owners. And 
since the House of Representatives passed a similar version of S. 1271 
this past March, I hope that we will have a final bill for the 
President's signature very soon.
  Once again, I am pleased that the Senate has acted to provide relief 
to small business owners. This bill will help save time and money and 
will allow small business owners the ability to better understand and 
comply with Federal regulations and paperwork requirements. It is good 
for the country and good for our economy and I thank my colleagues for 
their support in passing this bill today.
  Mr. KERRY. Mr. President, I speak today in support of Senator 
Voinovich's legislation, the Small Business Paperwork Relief Act of 
2001, as well as my amendment to improve the legislation for the 
benefit on America's small businesses.
  While legislation such as the Regulatory Flexibility Act, and the 
Small Business Regulatory Enforcement Fairness Act have made great 
strides in helping to ease the regulatory burden on our small 
businesses, more work remains to be done.
  In the report prepared by the Small Business Administration's Office 
of Advocacy on the recommendations of the White House Conference on 
Small Business in 1995, the Office of Advocacy stated that.

       Federal, state and local governments impose numerous 
     requirements on the operation of businesses. The burdens 
     associated with these requirements are often exacerbated by 
     substantial paperwork and record-keeping requirements. In 
     addition to the cost and administrative burdens, small and 
     growing businesses have difficulty simply keeping abreast of 
     the various regulatory and paperwork requirements.

  Six years later, this statement is still true.
  While I support the Small Business Paperwork Relief Act, I think it 
is important to point out that I objected to an original request to 
pass this legislation by unanimous consent because the Committee on 
Small Business and Entrepreneurship, which I chair, has jurisdiction 
over some of the issues included in this legislation. Additionally, the 
expertise of the Committee on issues of importance to small businesses 
can only serve to enhance any legislation designed to help our Nation's 
small businesses. That being said, Senator Voinovich and I have 
addressed my questions about the legislation and agreed to an 
amendment. I believe the bill is better because of our work.
  The legislation originally called for the Director of the Office of 
Management and Budget to appoint members to the ``Task Force'' created 
in the legislation from the various agencies listed in the bill. 
Although I had no objection to the Task Force being led by the OMB 
Director, I did have reservations about the OMB Director selecting the 
participants, a function that should be vested with each agency head. 
The amendment makes this change.
  Additionally, my amendment has a provision stating that in any report 
issued by the Task Force, minority views must be included. This 
provision has been added as a result of my consultations with SBA's 
Office of Advocacy, who were concerned that reports issued on small 
business issues may not reflect the views of small business advocates. 
By allowing minority opinions, any report issued by the Task Force will 
at the very least contain concerns raised by the small business 
community.
  My amendment also adds the National Ombudsman to the list of 
recipients bi-annual reporting on the number of enforcement actions 
taken by agencies. The National Ombudsman, located

[[Page S13363]]

at the SBA, serves as a confidential resource to field complaints and 
comments from small businesses about the regulatory process and actions 
taken by regulatory agencies. Additionally, the National Ombudsman 
rates Federal regulatory agencies on their treatment of small 
businesses and issues a report card. Therefore, I felt it appropriate 
that agency information regarding regulatory enforcement be shared with 
the National Ombudsman.
  Finally, my amendment makes a technical change in the legislation to 
reflect the name change of the Senate Committee on Small Business to 
the Committee on Small Business and Entrepreneurship, which occurred on 
June 29th of this year.
  I believe the changes my amendment makes will provide additional 
support for our small businesses suffering from paperwork burdens, and 
I ask my colleagues to support the amendment and the underlying 
legislation.
  Mr. KENNEDY. I ask unanimous consent that the committee-reported 
substitute amendment be agreed to, the bill, as amended, be read the 
third time, passed, and the motion to reconsider be laid upon the 
table, and any statements relating thereto be placed in the Record. The 
committee amendment in the nature of a substitute, as amended, was 
agreed to.
  The bill (S. 1271), as amended, was read the third time and passed, 
as follows:

                                S. 1271

       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 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 head of each applicable department or agency (and in the 
     case of paragraph (12) 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;
       ``(4) examine the savings, including cost savings, for 
     implementing a system of electronic paperwork submissions; 
     and
       ``(5) examine the feasibility of measures to strengthen the 
     dissemination of information.
       ``(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), including any minority views of the task force, to--
       ``(1) the Director;
       ``(2) the chairpersons and ranking minority members of--
       ``(A) the Committee on Governmental Affairs and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate; and
       ``(B) the Committee on Government Reform and the Committee 
     on Small Business of the House of Representatives; and
       ``(3) the Small Business and Agriculture Regulatory 
     Enforcement Ombudsman designated under section 30(b) of the 
     Small Business Act (15 U.S.C. 657(b)).
       ``(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

[[Page S13364]]

     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.''.

                          ____________________