[Congressional Record Volume 148, Number 81 (Tuesday, June 18, 2002)]
[House]
[Pages H3622-H3632]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              SMALL BUSINESS PAPERWORK RELIEF ACT OF 2002

  Mrs. MYRICK. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 444 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 444

       Resolved, That upon adoption of this resolution it shall be 
     in order to take from the Speaker's table the bill (H.R. 327) 
     to amend chapter 35 of title 44, United States Code, for the 
     purpose of facilitating compliance by small businesses with 
     certain Federal paperwork requirements and to establish a 
     task force to examine the feasibility of streamlining 
     paperwork requirements applicable to small businesses, with 
     Senate amendments thereto, and to consider in the House, 
     without intervention of any point of order, a single motion 
     offered by the chairman of the Committee on Government Reform 
     or his designee that the House concur in the Senate 
     amendments. The Senate amendments and the motion shall be 
     considered as read. The motion shall be debatable for one 
     hour equally divided and controlled by the chairman and 
     ranking minority member of the Committee on Government 
     Reform. The previous question shall be considered as ordered 
     on the motion to final adoption without intervening motion or 
     demand for division of the question.

                              {time}  1315

  The SPEAKER pro tempore (Mr. Bonilla). The gentlewoman from North 
Carolina (Mrs. Myrick) is recognized for 1 hour.
  Mrs. MYRICK. Mr. Speaker, for purposes of debate only, I yield the 
customary 30 minutes to my friend, the gentlewoman from New York (Ms. 
Slaughter); pending which I yield myself such time as I may consume. 
During consideration of this resolution, all time yielded is for 
purposes of debate only.
  This rule provides for a single motion offered by the chairman of the 
Committee on Government Reform to concur with the Senate amendments. 
The rule waives all points of order against consideration of the motion 
to concur with the Senate amendments, and provides for 1 hour of 
general debate equally divided and controlled by the chairman and 
ranking member of the Committee on Government Reform.
  The purpose of this legislation is to reduce the Federal paperwork 
burden on small businesses. Mr. Speaker, with the plethora of 
regulatory mandates on small business growing to unprecedented levels, 
so, too, is the gigantic task of filling out required paperwork. Our 
Nation's 23 million small businesses spent approximately 7 billion, 
billion with a ``B,'' hours filling out Federal paperwork in 1998, 
according to the Office of Management and Budget. The cost associated 
with this burdensome paperwork is estimated at $229 billion, again 
billion with a ``B,'' and that does not take into account State and 
local requirements.
  As a one-time small businesswoman myself, I know the hurdles that our 
entrepreneurs face: strangling red tape, burdensome regulations, and 
mountains of paperwork. H.R. 327 would help to streamline small 
business' paperwork burden by requiring Federal agencies to publish a 
list of resources that small businesses could use for complying with 
applicable paperwork requirements so they can know exactly what is 
required of them.
  In addition, it would require each Federal agency to establish a 
liaison for small business paperwork requirements and to help small 
businesses comply with their legal obligations, and it would establish 
a task force to consider ways to streamline paperwork requirements even 
further.
  H.R. 327 is a step in the right direction. It relieves our Nation's 
small businesses from an overwhelming paperwork burden that threatens 
to bury them. To that end I urge my colleagues to support this rule and 
to support the common-sense underlying legislation. It is a bicameral, 
bipartisan agreement that the Senate has already passed.
  Mr. Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, I thank my colleague, the gentlewoman 
from North Carolina, for yielding me the customary 30 minutes, and I 
yield myself such time as I may consume.
  (Ms. SLAUGHTER asked and was given permission to revise and extend 
her remarks.)
  Ms. SLAUGHTER. Mr. Speaker, I rise in support of the rule and in 
support of the underlying bill.
  Mr. Speaker, at a time when large corporations and manufacturers are 
announcing layoffs and scaling back production, more and more regions 
of the country are learning what western New York already knows; that 
the small business sector can be the real economic engine for our 
communities. Small businesses generate the jobs that keep our cities 
and towns vibrant, they generate the opportunities that anchor our sons 
and daughters to family and home, and they foster the innovators who 
represent the brightest hope for our future.
  Last month I was pleased to host the Small Business Administration's 
2002 Young Entrepreneur of the Year, a young man named Aaron Zach 
Philips from Rochester, New York. Although only 25 years old, Zach has 
achieved remarkable success. He is the president of Kink BMX, a 
manufacturer and distributor of BMX bicycle parts and related soft 
goods. Since 1999, Zach has doubled his company's growth annually with 
sales reaching nearly $1 million as of March 31, 2001. Zach now does 
business outside the United States and sells his product through 
distributors in Europe, Canada, Australia, and Japan. On every mailing 
logo, every label, every brochure or marketing tool he prints the words 
``Rochester Made Means Quality Made.''
  Zach embodies a growing trend that Congress must continue to foster. 
Small businesses now account for approximately 75 percent of all new 
jobs added to the economy and represent 99.7 percent of all employers. 
Small businesses provide almost one-third of the workers with their 
first jobs and initial on-the-job training in basic skills. The 
important role small businesses play in keeping our Nation competitive 
must not be overshadowed by corporate America's clout in this body. We 
must ensure that entrepreneurs like Zach are afforded the same 
attention and access to Washington that the large corporate interests 
enjoy.

[[Page H3623]]

  A quick look at the numbers show that small businesses form the 
backbone of our economy. They account for half of our domestic products 
and contribute more than 55 percent of the innovations in such sectors 
as manufacturing, technology and services. During the long boom of the 
1990s, small businesses forged the way for high-tech expansion and 
growth. They now account for almost 40 percent of the jobs in the high-
technology sector.
  One reason for this is that women and minorities are opening small 
businesses in record numbers. Women-owned businesses nearly doubled 
during the last decades. There are currently an estimated 6.2 million 
women-owned businesses, accounting for 28 percent of all privately held 
firms. These firms generate $1.15 trillion in sales and employ 9.2 
million workers. The number of minority-owned enterprises nearly 
quadrupled in the last decade, and they generally outstrip the national 
average in business creation and receipts. Minorities now own 15 
percent of American business, and 99 percent of these businesses are 
small businesses.
  Congress has addressed the needs of small business before. We have 
passed paperwork reduction legislation, such as the Paperwork Reduction 
Act, PRA, and the Small Business Regulatory Enforcement Fairness Act. 
Moreover, the last administration streamlined regulations by 
reinventing government and implementing many of the recommendations 
made by the White House Conference on Small Businesses. The measure 
before us today continues this effort to reduce unnecessary paperwork 
for small businesses. I know of no opposition to this measure.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. MYRICK. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California (Mr. Ose), who is the Chair of the 
subcommittee.
  Mr. OSE. Mr. Speaker, I thank the gentlewoman for yielding me this 
time, and I am speaking today in support of the rule for a good 
government bill to streamline and reduce paperwork burdens on small 
businesses, H.R. 327, the Small Business Paperwork Relief Act.
  The predecessor to this bill were bills introduced in the 105th and 
106th Congresses by the former chairman of a subcommittee of the 
Committee on Government Reform, Mr. David McIntosh, and those would 
have been H.R. 3310 and H.R. 391 respectively.
  In 1999, Senator Voinovich introduced and held a hearing on an 
identical companion bill, which would be Senate 1378. In 1998 and 1999, 
the House passed the predecessor bills by votes of 267 to 140 and 274 
to 151 respectively. The Senate Committee on Governmental Affairs did 
not mark up the Voinovich bill.
  On January 31, 2001, the chairman of the Committee on Government 
Reform, the gentleman from Indiana (Mr. Burton), introduced H.R. 327. 
This bill includes all of the substantive provisions in the predecessor 
bills except those relating to the waiver of sanctions for first-time 
violations by small businesses of Federal paperwork requirements. On 
March 15, the House passed H.R. 327 by a resounding 418 to 0 vote.
  On July 30, Senator Voinovich introduced a companion but not 
identical bill, S. 1271. It also does not include any provisions 
relating to the waiver of sanctions for first-time violations by small 
businesses. However, it does include provisions for biennial agency 
reporting on enforcement actions taken and civil penalties assessed, 
including actions and assessments against small businesses.
  On December 17, the Senate passed S. 1271 by unanimous consent. On 
May 22 of this year, after bipartisan, bicameral staff-level meetings, 
the Senate passed an agreed-upon amended version of H.R. 327 by 
unanimous consent.
  H.R. 327, as amended by the Senate, includes helpful provisions for 
small businesses, including a requirement for the Office of Management 
and Budget to annually publish in the Federal Register and on the 
Internet a list of compliance assistance resources available to small 
businesses, a requirement for each agency to establish a single point 
of contact for small businesses, a requirement for each agency to make 
further efforts to reduce paperwork for small businesses with fewer 
than 25 employees, establishment of an interagency task force to study 
streamlining of paperwork requirements for small businesses, and a 
requirement for two annual reports for fiscal years 2003 and 2004 from 
each agency on enforcement actions taken and civil penalties assessed, 
including actions and assessments against small businesses.
  Despite the statutory requirements for annual reductions in paperwork 
burden, there have been annual increases, instead of annual decreases, 
in paperwork in each of the last 6 years, from 1996 to 2001. In 
addition, OMB's April 2002 report to Congress on Federal paperwork did 
not identify any interagency efforts to streamline paperwork 
requirements on small businesses.
  Small businesses are particularly hurt by regulatory and paperwork 
burden. In an October 2001 report, the Small Business Administration 
estimated that it cost large firms, those with over 500 employees, 
$4,463 per employee to comply with Federal regulatory and paperwork 
requirements. However, the cost to small businesses, those with fewer 
than 20 employees, is nearly 60 percent higher, a staggering $6,975 per 
employee.
  Since introduction the staff of my subcommittee has worked with the 
staff of the Committee on Small Business to address concerns by this 
committee's majority and minority. As a consequence, as it did in the 
105th Congress for the predecessor bill, that being H.R. 391, the 
Committee on Small Business sent a letter waiving jurisdiction on H.R. 
327. H.R. 327 has been endorsed by many organizations including the 
U.S. Chamber of Commerce, the National Association of Manufacturers, 
the National Federation of Independent Business, the National Small 
Business United Organization, the Small Business Coalition for 
Regulatory Relief, the Small Business Legislative Council, and the 
Small Business Survival Committee.
  The Congressional Budget Office provided a preliminary estimate of 
the budgetary impact of H.R. 327, saying that the bill ``would result 
in a minimal cost for Federal agencies each year. Because the bill 
would not affect direct spending or governmental receipts, pay-as-you-
go procedures would not apply.''
  I support the rule to enable the House to consider a motion to concur 
with the Senate amendments to H.R. 327 and 1 hour of general debate 
evenly divided. Not only are regulatory and paperwork costs higher for 
small businesses, but also they are harder to absorb. Small businesses 
simply cannot afford to comply with Federal requirements in the same 
way that large businesses can. H.R. 327 should result in some much 
needed relief for small businesses.
  Ms. SLAUGHTER. Mr. Speaker, I have no request for time, and I reserve 
the balance of my time.
  Mrs. MYRICK. Mr. Speaker, I have no further speakers.
  Ms. SLAUGHTER. Mr. Speaker, I yield back the balance of my time.
  Mrs. MYRICK. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.
  Mr. OSE. Mr. Speaker, pursuant to House Resolution 444, I call up the 
bill (H.R. 327) to amend chapter 35 of title 44, United States Code, 
for the purpose of facilitating compliance by small businesses with 
certain Federal paperwork requirements and to establish a task force to 
examine the feasibility of streamlining paperwork requirements 
applicable to small businesses, with Senate amendments thereto, and ask 
for its immediate consideration.
  The Clerk read the title of the bill.


                       Motion Offered by Mr. Ose

  Mr. OSE. Mr. Speaker, I offer a motion.
  The SPEAKER pro tempore (Mr. Bonilla). The Clerk will designate the 
motion.
  The text of the motion is as follows:

       Mr. Ose moves that the House concur in the Senate 
     amendments, as follows:
       Senate amendments:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Small Business Paperwork 
     Relief Act of 2002''.

     SEC. 2. FACILITATION OF COMPLIANCE WITH FEDERAL PAPERWORK 
                   REQUIREMENTS.

       (a) Requirements Applicable to the Director of OMB.--
     Section 3504(c) of title 44, United

[[Page H3624]]

     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 2002.''.
       (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 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)).
       ``(2) Each point of contact described under paragraph (1) 
     shall be established not later than 1 year after the date of 
     enactment of the Small Business Paperwork Relief Act of 
     2002.''.
       (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 further reduce 
     the information collection burden for small business concerns 
     with fewer than 25 employees.''.

     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)(1) The Director shall determine--
       ``(A) subject to the minimum requirements under paragraph 
     (2), the number of representatives to be designated under 
     each subparagraph of that paragraph; and
       ``(B) the agencies to be represented under paragraph 
     (2)(K).
       ``(2) After all determinations are made under paragraph 
     (1), the members of the task force shall be designated by the 
     head of each applicable department or agency, and include--
       ``(A) 1 representative of the Director, who shall convene 
     and chair the task force;
       ``(B) 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;
       ``(C) not less than 1 representative of the Environmental 
     Protection Agency;
       ``(D) not less than 1 representative of the Department of 
     Transportation;
       ``(E) not less than 1 representative of the Office of 
     Advocacy of the Small Business Administration;
       ``(F) not less than 1 representative of the Internal 
     Revenue Service;
       ``(G) not less than 2 representatives of the Department of 
     Health and Human Services, including 1 representative of the 
     Centers for Medicare and Medicaid Services;
       ``(H) not less than 1 representative of the Department of 
     Agriculture;
       ``(I) not less than 1 representative of the Department of 
     the Interior;
       ``(J) not less than 1 representative of the General 
     Services Administration; and
       ``(K) not less than 1 representative of each of 2 agencies 
     not represented by representatives described under 
     subparagraphs (A) through (J).
       ``(c) The task force shall--
       ``(1) identify ways to integrate the collection of 
     information across Federal agencies and programs and examine 
     the feasibility and desirability 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;
       ``(B) in a single format, such as a single electronic 
     reporting system, with respect to the agency; and
       ``(C) with synchronized reporting for information 
     submissions having the same frequency, such as synchronized 
     quarterly, semiannual, and annual reporting dates;
       ``(2) examine the feasibility and benefits to small 
     businesses of publishing a list by the Director 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 Industry Classification System 
     code;
       ``(B) by 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;
       ``(3) examine the savings, including cost savings, and 
     develop recommendations for implementing--
       ``(A) systems for electronic submissions of information to 
     the Federal Government; and
       ``(B) interactive reporting systems, including components 
     that provide immediate feedback to assure that data being 
     submitted--
       ``(i) meet requirements of format; and
       ``(ii) are within the range of acceptable options for each 
     data field;
       ``(4) make recommendations to improve the electronic 
     dissemination of information collected under Federal 
     requirements;
       ``(5) recommend a plan for the development of an 
     interactive Governmentwide system, available through the 
     Internet, to allow each small business to--
       ``(A) better understand which Federal requirements 
     regarding collection of information (and, when possible, 
     which other Federal regulatory requirements) apply to that 
     particular business; and
       ``(B) more easily comply with those Federal requirements; 
     and
       ``(6) in carrying out this section, consider opportunities 
     for the coordination--
       ``(A) of Federal and State reporting requirements; and
       ``(B) among the points of contact described under section 
     3506(i), such as to enable agencies to provide small business 
     concerns with contacts for information collection 
     requirements for other agencies.
       ``(d) The task force shall--
       ``(1) by publication in the Federal Register, provide 
     notice and an opportunity for public comment on each report 
     in draft form; and
       ``(2) make provision in each report for the inclusion of--
       ``(A) any additional or dissenting views of task force 
     members; and
       ``(B) a summary of significant public comments.
       ``(e) Not later than 1 year after the date of enactment of 
     the Small Business Paperwork Relief Act of 2002, the task 
     force shall submit a report of its findings under subsection 
     (c) (1), (2), and (3) 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)).
       ``(f) Not later than 2 years after the date of enactment of 
     the Small Business Paperwork Relief Act of 2002, the task 
     force shall submit a report of its findings under subsection 
     (c) (4) and (5) 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)).
       ``(g) The task force shall terminate after completion of 
     its work.
       ``(h) 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 REPORTS.

       (a) Definition.--In this section, the term ``agency'' has 
     the meaning given that term under section 551 of title 5, 
     United States Code.
       (b) In General.--
       (1) Initial report.--Not later than December 31, 2003, each 
     agency shall submit an initial report to--
       (A) the chairpersons and ranking minority members of--
       (i) the Committee on Governmental Affairs and the Committee 
     on Small Business and Entrepreneurship of the Senate; and
       (ii) the Committee on Government Reform and the Committee 
     on Small Business of the House of Representatives; and
       (B) the Small Business and Agriculture Regulatory 
     Enforcement Ombudsman designated under section 30(b) of the 
     Small Business Act (15 U.S.C. 657(b)).
       (2) Final report.--Not later than December 31, 2004, each 
     agency shall submit a final report to the members and officer 
     described under paragraph (1) (A) and (B).
       (3) Content.--The initial report under paragraph (1) shall 
     include information with respect to the 1-year period 
     beginning on October 1, 2002, and the final report under 
     paragraph (2) shall include information with respect to the 
     1-year period beginning on October 1, 2003, on each of the 
     following:
       (A) The number of enforcement actions in which a civil 
     penalty is assessed.

[[Page H3625]]

       (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).
       (4) Definitions in reports.--Each report under this 
     subsection shall include definitions selected at the 
     discretion of the reporting agency of the terms ``enforcement 
     actions'', ``reduction or waiver'', and ``small entity'' as 
     used in the report.

         Amend the title so as to read: ``An Act 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.''.

  The SPEAKER pro tempore. Pursuant to House Resolution 444, the 
gentleman from California (Mr. Ose) and the gentleman from 
Massachusetts (Mr. Tierney) each will control 30 minutes.
  The Chair recognizes the gentleman from California (Mr. Ose).


                             General Leave

  Mr. OSE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on H.R. 327.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. OSE. Mr. Speaker, I yield such time as I may consume.
  Mr. Speaker, H.R. 327, the Small Business Paperwork Relief Act, was 
introduced by Committee on Government Reform Chairman Burton on January 
31, 2001. This good government bill continues congressional efforts to 
streamline and reduce paperwork burdens on small businesses. On March 
15, 2001, the House passed H.R. 327 by a 418 to 0 vote. On December 17 
the Senate passed Senator Voinovich's companion bill, S. 1271, by 
unanimous consent. On May 22 of this year, the Senate passed an amended 
version of H.R. 327 by unanimous consent.
  During the 105th and 106th Congresses, the Committee on Government 
Reform reported out bills that passed the House by 267 to 140 and 274 
to 151.

                              {time}  1330

  Those bills were H.R. 3310 and H.R. 391, respectively. These earlier 
bills included additional provisions relating to the waiver of 
sanctions for first-time violations of small businesses of Federal 
paperwork requirements. During the May 21, 2002, Senate floor debate on 
the amended version of H.R. 327, Democratic cosponsor Senator Blanche 
Lincoln stated, ``Our thought behind suspending fines for first-time 
violators was that a majority of small business owners who neglect to 
file a certain form are simply overwhelmed with paperwork and don't 
realize their error. We thought that small business owners should be 
given a chance to correct the problem before they were slapped with a 
fine. I am disappointed that this final version does not include the 
fine suspension.''
  Mr. Speaker, I agree with Senator Lincoln and hope that these helpful 
provisions will be enacted by Congress in the future.
  The amended version of H.R. 327 before the House today includes the 
following helpful provisions for small businesses: first, a requirement 
for the Office of Management and Budget to annually publish in the 
Federal Register and on the Internet a list of compliance assistance 
resources available to small businesses;
  Second, a requirement for each agency to establish a single point of 
contact for small businesses;
  Third, a requirement for each agency to make further efforts to 
reduce paperwork for small businesses having fewer than 25 employees;
  Fourth, a requirement for each agency to submit two reports, each 
with data for a 1-year period on enforcement actions in which a civil 
penalty was assessed and the penalty amounts reduced or waived for 
small businesses;
  Fifth, establishment of an interagency task force to study 
streamlining of paperwork requirements for small businesses.
  Under the amended version of H.R. 327, this task force will identify 
ways to integrate the collection of information across Federal agencies 
and programs and will examine the feasibility of requiring the agencies 
to consolidate reporting requirements in order that each small business 
may submit all information required by the agency to one point of 
contact at the agency, in a single format or using a single electronic 
reporting system, and with synchronized reporting.
  During the May 21 Senate floor debate on the amended version of H.R. 
327, Senator Joe Lieberman inserted in the Senate record a document, 
coauthored by Senator Voinovich, entitled, ``H.R. 327: Consensus 
Amendment, Purposes and Summary, Section-by-Section Description, and 
Legislative History.'' This document constitutes only part of the 
legislative history of the amended version of H.R. 327.
  The task force will also examine the benefits to small businesses of 
publishing a list of information collections organized by the North 
American Industrial Classification System codes or in another manner by 
which small businesses can more easily identify requirements with which 
they are expected to comply.
  Last October, the subcommittee provided OMB with a road map for OMB 
to easily prepare such a NAICS code listing, which will be printed in 
the Record at the end of my statement.
  In addition, later in this debate, I will engage in a colloquy with 
the chairman of the Committee on Small Business, the gentleman from 
Illinois (Mr. Manzullo), about the utility of a NAICS-code listing.
  Additionally, the task force will develop recommendations for systems 
for interactive electronic reporting. The definition of ``small 
business'' in this bill is the one used in the Small Business Act at 15 
USC subsection 631 et seq.
  Senator Voinovich's companion bill, which passed the Senate by 
unanimous consent last December, included an every-2-year reporting 
requirement on the number of enforcement actions in which a civil 
penalty is assessed, the number of such actions in which a civil 
penalty is assessed against a small entity, the number of enforcement 
actions in which the civil penalty is reduced or waived, and the total 
monetary amount of reductions or waivers. Unfortunately, the amended 
version of H.R. 327 today only includes a requirement for agencies to 
report this information two times. However, if there is practical 
utility to this information, this Federal agency reporting requirement 
can and should be continued.
  H.R. 327 amends the Paperwork Reduction Act, which is the successor 
to the Federal Reports Act of 1942, which began the requirement for OMB 
approval before paperwork could be imposed on nine or more members of 
the public. The 1980 Paperwork Reduction Act, which established the 
Office of Information and Regulatory Affairs in the office of OMB, 
began by stating: ``Information needed by Federal agencies shall be 
obtained with a minimum burden upon business enterprises, especially 
small business enterprises, and other persons required to furnish the 
information, and at a minimum cost to the government.'' The 1995 
reauthorization of the Paperwork Reduction Act set 10 percent and 5 
percent goals for paperwork reduction each year from 1996 to 2001.
  OMB's most recent estimate of Federal paperwork burden on the public 
is 7.7 billion hours annually, at a cost of $230 billion per year. 
Despite the statutory requirements for annual reductions in paperwork 
burden, there have actually been annual increases in paperwork in each 
of the last 6 years, from 1996 to 2001. OMB's April 2002 report to 
Congress entitled ``Managing Information Collection and Dissemination: 
Fiscal Year 2002,'' does not identify any interagency efforts to 
streamline paperwork requirements on small businesses. Also, although 
Congress required OMB to provide an analysis of impacts of Federal 
regulation on small business, OMB's December 2001 report entitled 
``Making Sense of Regulation: 2001 Report to Congress on the Costs and 
Benefits of Regulations and Unfunded Mandates on State, Local, and 
Tribal Entities,'' devotes less than one page to the impact of Federal 
regulatory and paperwork burdens on small businesses.
  H.R. 327 has been endorsed by the United States Chamber of Commerce, 
National Association of Manufacturers, National Federation of 
Independent Business, National Small Business

[[Page H3626]]

United, Small Business Coalition for Regulatory Relief, Small Business 
Legislative Council, Small Business Survival Committee, Academy of 
General Dentistry, Agricultural Retailers Association, American Farm 
Bureau Federation, American Road and Transportation Builders 
Association, Associated Builders and Contractors, Associated General 
Contractors, Automotive Parts and Service Alliance, Food Marketing 
Institute, GrassRoots Impact, Inc., National Association of Convenience 
Stores, National Automobile Dealers Association, National Business 
Association, National Pest Management Association, National Restaurant 
Association, Nation Roofing Contractors Association, National Tooling 
and Machining Association, North American Equipment Dealers 
Association, and the Society of American Florists.
  Small businesses are particularly hurt by regulatory and paperwork 
burden. In an October 2001 report, the Small Business Administration 
estimated that it cost large firms, those with over 500 employees, 
$4,463 per employee to comply with Federal regulatory and paperwork 
requirements.
  However, the cost to small businesses, those with fewer than 20 
employees, is nearly 60 percent higher, a staggering $6,975 per 
employee. Not only are such costs higher for small businesses, but they 
are also much harder to absorb. Small businesses simply cannot afford 
to comply with Federal requirements in the same way that large 
businesses can. The high cost of such requirements often makes it 
impossible for small businesses to expand; it threatens their ability 
to stay afloat or prevents them from opening in the first place.
  During the May 21, 2002, floor debate on the amended version of H.R. 
327, Senator Lincoln stated, ``I have been told that Federal paperwork 
burdens rank just behind taxes and the cost of health care as the top 
problems facing members of the National Federation of Independent 
Businesses.'' H.R. 327 should result in some needed relief for small 
businesses.

Steps To Add NAICS Codes to OMB/OIRA's Existing Computerized Paperwork 
                                Database

       1. NAICS information. Decide what NAICS codes information 
     should be included in OMB/OIRA's existing computerized 
     paperwork database. First, examine the SF-83 (Rev. 9-80) item 
     #21 to see if that approach is desirable, especially since 
     the software was previously developed for it. This item 
     required agencies to indicate up to ten 3-digit SIC codes or 
     to check ``multiple'' or ``all.'' Besides deciding on the 
     approach, OMB needs to decide on the number of NAICS digits--
     the first 2 digits are used for sectors, the 3rd digit is for 
     sub-sectors, the 4th digit is for industry group, etc.--which 
     would be most useful for the public to identify applicable 
     paperwork and for OMB and the agencies to reduce duplicative 
     paperwork and paperwork without any practical utility.
       2. Other new information. Decide if any other information 
     should be added to OMB/OIRA's paperwork database so that the 
     agencies could be asked to provide this information for all 
     currently-approved information collections at the same time 
     as NAICS codes information. Alternatively, the agencies could 
     be asked to provide this information only for new agency 
     requests for OMB approval under the Paperwork Reduction Act. 
     First, examine the 16 other items on the SF-83 (Rev. 9-80) 
     which were deleted, including #4 (3-digit functional code, 
     which is used in Executive and Legislative Branch budgeting). 
     The software for some of these items was also previously 
     developed. However, some were previously only textual fields, 
     such as #28 (authority for agency for information 
     collection--indicate statute, regulation, judicial decree, 
     etc.). Since 1980, the Regulatory Information Service Center 
     (RISC) has made some progress in coding some of this 
     information.
       3. Data specifications. After #1 and #2 are settled, 
     outline the data specifications for a computer contractor. 
     After the contractor is on-board for the project, OIRA should 
     work with him to design the data format and a minimum number 
     of data edits. For example, the contractor probably does not 
     need to check if each 3-digit (or whatever level is chosen) 
     NAICS code entered by an agency is a valid one but the 
     contractor probably should check that there is some NAICS 
     information for every data collection which significantly 
     impacts on small entities (OMB-83-I #5) or which affects 
     business or other for-profits or farms (OMB-83-I #11 b & d).
       4. Output formats. OIRA and the contractor also need to 
     design the output formats, including: the OMB webpage which 
     includes NAICS information, including links to each agency's 
     consolidated webpage, which, at a minimum, should include 
     links to each of the agency's approved forms (available in 
     HTML or read-only PDF formats) and their accompanying 
     instructions; and (2) the full paper-copy listing by NAICS 
     code. The agency webpages could also include additional 
     information, such as links to the applicable regulations 
     underpinning the recordkeeping requirements and any non-
     binding guidance documents. Unfortunately, many currently-
     approved agency forms are not yet available on the Internet 
     so this step may require some agency effort, which is 
     worthwhile with or without the addition of NAICS information.
       5. Availability. After consultation with the Hill and 
     interest groups (such as NFIB), OMB should decide if all 
     Federal Register publication annually makes sense or just a 
     Federal Register Notice of Document Availability for OMB's 
     full paper-copy listing.
       6. Agency training. OIRA (including its Statistical Policy 
     experts) needs to train the agencies about NAICS. If agencies 
     are in doubt which NAICS codes apply, they could call a few 
     of their respondents since businesses all know which NAICS 
     code applies to them since they are routinely asked to 
     provide this information by various Federal agencies (e.g., 
     the Census Bureau and the SEC).
       7. Agency input. After OMB and the contractor have agreed 
     on an approach (in step #3 above) and the agencies are 
     trained (in step #6 above), OMB needs to ask each agency with 
     one or more currently approved information collections (i.e., 
     including the independent regulatory commissions and the bank 
     regulatory agencies) to provide the new information--for each 
     of the 7,780 currently-approved information collections--in 
     the precise format which OMB will be using for all new agency 
     requests for OMB approval under the Paperwork Reduction Act. 
     OMB could ask agencies to directly input this information 
     electronically into the database, with the rest of the data 
     elements in OMB's database kept as read-only items which 
     cannot be changed by the agencies. Alternatively, OMB could 
     ask the agencies to e-mail the information (in a format 
     calling only for the 8-digit OMB number and then the NAICS 
     information) for OMB's contractor to merge into the OMB 
     database. OMB does not second guess the agency input for 
     other items (such as #11, affected public) on the OMB-83-I 
     (Rev. 10/95) so OMB should not be required to verify the 
     accuracy of agency input for NAICS information.
       8. Quality control. Have the contractor perform edit checks 
     on the consolidated (agency-provided) new information in OMB/
     OIRA's paperwork database (as determined in step #3 above) 
     and test each of the links from OMB's webpage to each of the 
     agency's webpages.

  Mr. Speaker, I reserve the balance of my time.
  Mr. TIERNEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to thank the gentleman from California (Mr. 
Ose), the chairman of the subcommittee, and the Senate Governmental 
Affairs Committee for their willingness to negotiate the amendments to 
H.R. 327 that we are considering today.
  H.R. 327 is a substantial improvement over the small business 
paperwork bills that were considered by the House in the last two 
Congresses.
  The controversial penalty provisions have been removed, and the bill 
includes provisions suggested by the Democratic minority that will 
reduce the paperwork burden on small businesses.
  Mr. Speaker, small businesses are the backbone of the economy and are 
where the new jobs are being created. However, many small and family-
opened businesses spend a great deal of their resources learning about 
and complying with applicable laws.
  I am pleased that we are looking at ways to make it easier for small 
businesses to understand what information they are required to provide 
to the government and ways to simplify and streamline the paperwork 
process.
  H.R. 327, as amended, requires OMB to annually produce a list of 
compliance assistance resources available to small businesses. This 
list must be printed in the Federal Register and posted on the 
Internet. This bill also requires each agency to establish one point of 
contact to act as a liaison with small businesses.
  H.R. 327 requires agencies to make efforts to further reduce 
paperwork required of businesses with fewer than 25 employees.
  The bill establishes a task force to make recommendations for 
electronic reporting and improving information dissemination. And H.R. 
327 requires agencies to report on the number of enforcement actions 
they take and the number of instances when they reduce and waive 
penalties.
  Mr. Speaker, 4 years ago we considered similar provisions when the 
House considered H.R. 3310. Unfortunately, H.R. 3310 also contained 
provisions that would have prohibited agencies from penalizing 
businesses for most

[[Page H3627]]

first-time information-related violations. These provisions would have 
removed agency discretion and created a safe haven for willful, 
substantial, and long-standing violations. They were strongly opposed 
by the Clinton administration, labor, environmental, consumer, senior 
citizen, health, trade, and firefighter groups, as well as by some 
State attorneys general.
  The gentleman from Ohio (Mr. Kucinich) and I offered an amendment to 
address these concerns. However, the amendment failed.
  Because of the surrounding controversy, the bill was never considered 
in the Senate and we lost the chance to implement the provisions we are 
considering today. The bill was resurrected in the next Congress as 
H.R. 391. The Kucinich amendment, which fixed the controversial 
provisions, narrowly failed by a vote of 214-210. Again, because the 
controversial provisions remained in the bill, it never became law.
  Mr. Speaker, I am pleased to see that H.R. 327 does not include the 
controversial penalty provisions, and it will likely become law. I am 
pleased to say that this version of H.R. 327 includes suggestions made 
by the Democratic minority of the Committee on Government Reform. For 
instance, the focus of the bill is on compliance assistance. The bill 
helps businesses figure out what information they need to provide to 
which agencies and makes it easier for them to provide the information.
  Furthermore, the task force will make recommendations for 
implementing interactive systems for information collection 
requirements and electronic reporting. This will allow small businesses 
to identify applicable requirements over the Internet and get immediate 
feedback on electronic submissions in order to help ensure that they 
submit consistent and usable data.
  Moreover, the task force will recommend ways to strengthen 
information dissemination so that agencies can more efficiently share 
the information they gather with other agencies and the public.

                              {time}  1345

  In addition, the original bill required agencies to provide an annual 
list of paperwork requirements by statistical code. However, this list 
likely would not be used by small businesses, and it would merely 
provide a statistical analysis of the quantity of information 
regulations.
  Mr. Speaker, the purpose of this bill is not to count regulations, 
but to help small businesses understand and comply with the information 
collection requirements. The bill directs a task force to study the 
feasibility of such a list and whether such a list would actually 
benefit small businesses. And the bill requires a useful annual list of 
compliance assistance resources. While I understand, Mr. Speaker, that 
there will be a colloquy between the chairman of the Committee on Small 
Business and the gentleman from California (Mr. Ose), that information 
that is shared with us is, of course, their opinion and is not part of 
the legislative history.
  H.R. 327 includes a provision suggested by the gentleman from Vermont 
(Mr. Sanders) and adopted 4 years ago that focuses paperwork reduction 
on small businesses with fewer than 25 employees. This amendment helps 
direct our efforts to truly small businesses that need our help the 
most. The definition of small businesses that was incorporated into 
H.R. 327 originally was so broad that it included numerous businesses 
that many do not consider small. It included petroleum refineries with 
up to 1,500 employees, pharmaceutical companies with up to 750 
employees, and banks with up to $100 million in assets. Thus, the bill 
helps most businesses, not just small businesses. Therefore, I believe 
it is appropriate to focus agency efforts on businesses that really are 
small.
  Mr. Speaker, information collection is one of the most important jobs 
of the Federal Government. It allows the government to enforce the law 
without burdening businesses with in-depth site investigations. 
Nevertheless, it is difficult for small businesses to fully understand 
what is required of them. And many businesses have expressed 
frustration with the fact that they have provided similar information 
to more than one source in government.
  I believe the government should help small businesses understand 
their responsibilities and streamline the information collection 
process. This bill serves both purposes without jeopardizing the 
underlying protections. Furthermore, it should help us take advantage 
of the information age by using the Internet to gather and disseminate 
information. These changes have been suggested by numerous sources, 
including the General Accounting Office.
  I urge my colleagues to support this motion.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OSE. Mr. Speaker, I am pleased to yield 6 minutes to the 
gentleman from Indiana (Mr. Burton), the distinguished chairman of the 
Committee on Government Reform.
  (Mr. BURTON of Indiana asked and was given permission to revise and 
extend his remarks.)
  Mr. BURTON of Indiana. Mr. Speaker, I thank the gentleman for 
yielding time.
  Let me start off by thanking the gentleman from Massachusetts (Mr. 
Tierney), the gentleman from California (Mr. Ose) and the gentleman 
from California (Mr. Waxman) who worked with me to get this piece of 
legislation to the floor. This is an extremely important piece of 
legislation because if there is one thing that small businesspeople 
across the country are very chagrined about, it is the amount of 
paperwork that they have to deal with on a regular basis. As a matter 
of fact, the cost to a small businessperson runs about $7,000 per 
employee to deal with the paperwork that faces them from the Federal 
Government. If you have got 20 employees, that is a $140,000 burden 
that you have to deal with, and it simply is not necessary.
  This legislation is designed to streamline that effort to make sure 
that small businesspeople do not suffer from a tidal wave of paperwork 
that makes the profitability of their business almost impossible. I 
think my colleagues have covered this very, very well. The gentleman 
from California (Mr. Ose) has worked very hard on this. The gentleman 
from Massachusetts (Mr. Tierney) has as well. I think they have covered 
all of the provisions of the bill and the problems we had in getting 
this bill drafted and to the floor.
  I would just like to say that it is high time that we got this job 
done. If there is one thing that small business and business in America 
needs, it is a reduction of the amount of paperwork and regulation that 
they have to deal with on a daily basis with the Federal Government. I 
believe this is going to save them money, it is going to streamline the 
effort to comply with government regulations, and it is a giant step in 
the right direction.
  All of the small businesspeople in America that may be watching this 
right now, you can take heart. We are moving in the right direction. 
There is a lot more that needs to be done, but this is a great first 
step.
  Mr. Speaker, today we have before us a piece of legislation that's 
going to help small businesses navigate the maze of Federal forms that 
they have to fill out.
  This is a serious problem for small businesses. If you talk to any 
small business owner, they'll tell you that Federal regulations, 
Federal mandates, and Federal paperwork are a serious burden. It's hard 
to figure out what rules have to be complied with and what forms have 
to be filled out. It's time-consuming and expensive.
  Last year, the Small Business Administration estimated that small 
businesses spend close to $7,000 per employee on Federal paperwork. 
Think about that--$7,000 per employee. For a company that has 20 
employees, that's $140,000. That's a serious drain on the resources of 
a small business.
  When we passed the Paperwork Reduction Act many years ago, the goal 
was to reduce the Federal paperwork burden. Unfortunately, it hasn't 
been very successful. Over the last six years, the paperwork burden on 
the American people has not shrunk--it's grown every year.
  This bill isn't going to reverse that tide all by itself. But I think 
it will help small businesses cope with the problems they're having. It 
will give them more resources so they can get assistance when they need 
it.
  This bill requires every Federal agency to have a single point of 
contact for small businesses. If a small businessman in Indiana or Ohio 
doesn't understand what forms he has to fill out, there should be one 
office in each

[[Page H3628]]

agency where he can pick up the phone and get help. This bill does 
that.
  It requires the Office of Management and Budget to post on its 
website every year an up-to-date list of all of the resources that are 
available to help small businesses with paperwork problems.
  It requires every Federal agency to make additional efforts to reduce 
paperwork for the smallest businesses--businesses with fewer than 25 
employees.
  This bill sets up an inter-agency task force. This task force will 
develop a plan to consolidate reporting requirements and make them more 
uniform. Many small businesses have to report the same information to 
several different agencies. We should have a system that would allow a 
small businessman to submit that information once, in electronic form. 
That would be the job of this task force.
  It would also look at whether we could have interactive reporting 
systems, so businesses could get immediate feedback if there is a 
problem. These things would be very valuable to small businesses around 
the country.
  Last but not least, this bill would require Federal agencies to 
report to Congress on the penalties they impose on individuals and 
small businesses. They would be required to file two annual reports on 
the number of civil actions they take, the number of those actions that 
were taken against small businesses, the number of times they've 
reduced penalties imposed by the agency, and the number of penalties 
that were reduced specifically on small businesses.
  We've never had that kind of information before. We need to get a 
better handle on how many penalties are being imposed on small 
businesses, and for what kind of offenses. These reports will help us 
do that.
  When we first started working on this bill several years ago, we had 
a provision that required agencies to waive first-time penalties 
against small businesses for inadvertent paperwork errors. I thought 
that was a very good idea. It was approved twice in the House. 
Unfortunately, we couldn't get it passed in the other body. We tried 
for about three years, and it just wasn't doable. So we compromised. 
Nobody got everything they wanted in this bill--but it's a good 
compromise. These reports on penalties being imposed on small 
businesses will give us more information and help us understand what's 
happening.
  We've worked very hard with Members of both bodies to get to this 
point. I want to thank my friends on the Government Reform Committee, 
Mr. Ose, Mr. Waxman, and Mr. Tierney for working with me to get this 
bill done.
  I also want to thank our friends in the other body for their 
assistance--particularly Senator Lieberman, Senator Voinovich and 
Senator Thompson. We couldn't have gotten to this point without their 
help.
  Let me conclude by saying this--I was a small businessman before I 
came to Congress. Mr. Ose was a small businessman before he came to 
Congress. Many Members of the House ran their own businesses before 
they decided to run for Congress. We understand how difficult it is to 
start your own business, and to make it successful. We understand how 
difficult it is to comply with Federal mandates and Federal tax laws, 
and to make sure you've filled out the right forms. And we also 
understand how important small businesses are to our economy. They're 
the life-blood of our economy.
  So any time we have an opportunity to develop legislation that will 
make it a little easier to deal with the Federal bureaucracy, we should 
do it. That's what this bill is meant to do. It won't make all the 
problems that small businesses face go away, but it's a good start. 
We're going to continue to look for opportunities to pass legislation 
that will help small businessmen and women.
  I urge all of my colleagues to support this good piece of 
legislation.
  Mr. TIERNEY. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Maine (Mr. Baldacci).
  Mr. BALDACCI. Mr. Speaker, I would like to thank the gentleman from 
Massachusetts for his leadership on this issue and helping to bring 
this very important piece of legislation to the floor. This is 
something that concerns an awful lot of small businesses in the State 
of Maine. I know how crucial it is. Over 97 percent of the businesses 
are represented by small businesses in our State. We have over 40,000 
of them in all. These enterprises face a maze of regulations and 
requirements that impose a heavy burden in time and expense. The 
Federal Government alone has over 7,000 forms that are required for one 
activity or another. State and local regulations add a further layer of 
almost equal complexity and cost. How can small businesses compete, 
innovate and grow to their fullest potential when they have to devote 
so much time and energy and resources just to figuring out what forms 
to fill out?
  I know how difficult this situation is for small businesses. I know 
because I am a small business owner myself, and I have personally 
experienced the frustration of trying to navigate the system. I do 
believe that the innovations in this bill will make the process easier. 
It will make compliance assistance resources more readily available. It 
will require agencies to find ways to further reduce paperwork for 
smaller businesses. And it will establish a single point of contact for 
small businesses in each of the Federal agencies, something that is 
sorely needed.
  Mr. Speaker, this bill is a good start. I look forward to bringing 
this assistance to small businesses. However, as we all know, there is 
more work that we need to do. We need to find ways to help agencies to 
better coordinate their efforts both at the Federal level and between 
the State and local levels to make these services more seamless. 
Ideally, we should have a single point of contact for all small 
business so they can quickly and easily find what they need. Small 
businesses do not have the resources of big corporations, but they 
should have the same chance to compete.
  This bill is a good step towards having a level playing field. I urge 
my colleagues to support this legislation.
  Mr. OSE. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Illinois (Mr. Manzullo).
  Mr. MANZULLO. Mr. Speaker, I rise today in support of H.R. 327, the 
Small Business Paperwork Relief Act as amended by the Senate. The bill 
represents the first effort in reducing the paperwork burdens that are 
swamping millions of small businesses. If we can get them out from 
under this deluge, they can devote themselves to hiring workers, 
investing in capital, moving the economy forward and cooking spaghetti, 
which is what my brother does in his Italian restaurant. The gentleman 
from Maine (Mr. Baldacci) does the same thing.
  Cooks would rather make spaghetti sauce than fill out Federal forms. 
One of the reasons for this bill is to allow the chefs to spend more 
time cooking Italian food at our restaurants as opposed to filing all 
these stupid government forms. People do not go to chef school to fill 
out forms. They go there to make people happy, to present a good 
balance of herbs and spices, to be able to know what is on the menu, to 
be able to change the menu according to people's tastes. But when all 
the chefs in the small restaurants and all the like-minded small 
businesspeople in the country have to fill out papers for the Federal 
Government, then they spend too much time doing that.
  Twenty years after the passage of the Paperwork Reduction Act, there 
is no evidence that the government has reduced the amount of paperwork 
on small business. Dr. John Graham, who is the current Administrator of 
the Office of Information and Regulatory Affairs, and who is doing a 
great job, has begun efforts to reduce paperwork burdens. Even with 
these efforts, the Federal Government still requires the filing of more 
than 7,700 forms resulting in nearly 66 million responses with a total 
burden of more than 7.5 billion man-hours. These paperwork burdens 
annually cost Americans at least $61 billion. Convenience stores that 
sell gasoline may have to prepare as many as 46 different forms 
accompanied by 250 pages of instructions. Physicians seeking to provide 
service under the Medicare program send a 30-page application to CMS, 
while private insurers enroll physicians after a one-page application.
  We ask ourselves, is all of this information for small business 
necessary? Will the government find the information useful? Can the 
government obtain the necessary information in a less burdensome way? 
The Small Business Paperwork Relief Act will initiate a process to help 
answer these questions.
  Mr. Speaker, I would like to engage in a colloquy with the gentleman 
from California (Mr. Ose), the chairman of the Subcommittee on Energy 
Policy, Natural Resources and Regulatory Affairs.
  Mr. OSE. Mr. Speaker, will the gentleman yield?
  Mr. MANZULLO. I yield to the gentleman from California.
  Mr. OSE. I am happy to engage in a colloquy with the gentleman from 
Illinois, who is the distinguished chairman of the Committee on Small 
Business.

[[Page H3629]]

  Mr. MANZULLO. I thank the gentleman from California for agreeing to 
engage in this colloquy. I think it is absolutely imperative that the 
task force created by the bill obtains input from the small business 
community. I am sure the gentleman from California agrees.
  Mr. OSE. I concur with the gentleman from Illinois. I cannot 
understand how a task force that is designed to reduce the paperwork 
burdens on small businesses could accomplish its goal without obtaining 
input from the small businesses that are buried by Federal reporting 
and recordkeeping requirements.
  Mr. MANZULLO. I thank the gentleman from California for clarifying 
that issue. I also note that the bill would require that the Office of 
Management and Budget, OMB, publish in the Federal Register and make 
available on the Internet an annual listing of the compliance 
assistance resources available to small businesses. I agree that this 
would make the information more accessible. However, I believe that 
more can be done. I think that OMB should establish a link on its 
Website to each agency's single point of contact. Each agency's Website 
would then have links to each relevant paperwork required for small 
businesses. I would like the opinion of the gentleman from California 
on this point.
  Mr. OSE. I agree with the gentleman from Illinois. The bill is 
intended to make information available in a user-friendly format, which 
means making it easy for small businesses to find the relevant 
paperwork requirements on the Internet. That would include providing 
appropriate links on the Office of Management and Budget's Website to 
the single points of contact established by the bill. In addition, I 
would expect links on the Office of Management and Budget's Website to 
other general access points, such as the FirstGov Website and the Small 
Business Administration's Website.
  I look forward to working with the distinguished gentleman from 
Illinois to ensure that Federal agencies provide appropriate links to 
this critical information.
  Mr. MANZULLO. I thank the gentleman from California for clarifying 
that issue. I also note that the amended bill is silent on reducing the 
frequency of small business reporting which would lessen paperwork 
burdens on small businesses. Since H.R. 327 is primarily intended to 
reduce paperwork burdens, should not OMB, the agencies and the task 
force consider reducing periodicity wherever possible?
  Mr. OSE. I agree with the gentleman from Illinois that reducing 
reporting frequency would be an effective way to help small businesses. 
To ensure no unintended consequences under the Paperwork Reduction Act, 
any proposed changes in periodicity would be subject to public notice 
and comment.
  Mr. MANZULLO. I thank the gentleman for entering into the colloquy.
  Mr. TIERNEY. Mr. Speaker, I yield myself such time as I may consume, 
just to briefly say that the record should reflect, Mr. Speaker, that 
that colloquy, of course, reflects the personal opinions of the two 
Representatives involved and is not the opinion of the committee as a 
whole or of the House, and also just to indicate that small businesses, 
and this will put the gentleman's mind at ease, I think, small 
businesses certainly are included in the process through the provision 
for public comment of the task force draft report. This committee and 
the committees over in the Senate did a lot of time negotiating out the 
resulting provisions of this bill, and we are pleased with that. It has 
come to a general agreement that I believe is going to pass in the form 
that is printed.
  Mr. Speaker, I reserve the balance of my time.


                         Parliamentary Inquiry

  Mr. OSE. Mr. Speaker, I just want to be sure that I am clear in terms 
of my colloquy with the gentleman from Illinois (Mr. Manzullo) in the 
sense that we did enter it into the Record, and it is going to show up 
in the Journal and what have you, and it will be a part of the 
legislative record as a part of the recorded record that the 
transcriptionists and others are taking part in, just to clarify that 
point.
  The SPEAKER pro tempore (Mr. Bonilla). The gentleman is correct. All 
of the exchange as spoken between both gentlemen will be recorded.
  Mr. OSE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Illinois (Mr. Manzullo). We inadvertently left out a couple of items of 
the record that we are attempting to establish here.
  Mr. MANZULLO. Mr. Speaker, I am sorry that I left out a point in our 
colloquy that is quite important.
  Finally, I would like to clarify one point. H.R. 327 as introduced 
required OMB to annually publish a list of requirements applicable to 
small businesses organized by North American Industrial Classification 
System, NAICS, codes and industrial/sector description. In the amended 
version of H.R. 327 as passed by the Senate, this requirement is 
modified substantially.

                              {time}  1400

  Instead of requiring OMB to annually publish such a listing, it 
allows the task force to examine the feasibility and benefits to small 
businesses of publishing lists organized by NAICS code, industrial/
sector description, or in another manner by which small businesses can 
more easily identify requirements with which they are expected to 
comply.
  I would ask the gentleman from California (Mr. Ose), is it your 
opinion that the best method for classifying the information remains by 
NAICS codes because that would enable small businesses to best identify 
the paperwork burdens associated with their businesses?
  Mr. OSE. Mr. Speaker, will the gentleman yield?
  Mr. MANZULLO. I yield to the gentleman from California.
  Mr. OSE. Mr. Speaker, I thank the gentleman for coming back to the 
podium to address this issue and for raising this critical point. I 
believe that the information should be organized by NAICS codes. 
Otherwise a small business searching for information on its paperwork 
burdens might not find the information most applicable to its business. 
By using NAICS codes, restaurants could easily find information 
relevant for restaurants, not information for steel manufacturers.
  In conclusion, I fully agree with the gentleman from Illinois on this 
point, and I thank him for helping me make it part of the record.
  Mr. TIERNEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I in no way intended to imply that this colloquy would 
not appear on the Journal. However, it will not be part of the history 
of this particular bill, having come through committees and 
subcommittees and been negotiated.
  I daresay that there was no part of that colloquy to which the 
minority was privy. They were not given the courtesy of an advance copy 
of that colloquy through the subcommittee. I do not know what the 
reason for that was, but certainly I do not want to leave it with the 
public or the Speaker the impression that that was part of the 
legislative history, the negotiations between the subcommittees, the 
committees, the Senate or the House, in having the bill come before us.
  I would also like to clarify a point that was made by my colleagues 
during their little discussion, and that is that the task force is 
required to consider whether publishing a list of the information 
collection requirements applicable to small businesses would actually 
be feasible and would actually help small businesses. This bill does 
not require publication of a list.
  The task force should also consider different opinions for organizing 
such a list if they find it would be feasible and beneficial to small 
businesses. The bill leaves it up to the task force to consider whether 
any such list should be organized by NAICS codes or in some other 
manner that makes it easier for small businesses to identify applicable 
requirements.
  Some people are concerned that such a list will be too unwieldy for 
anyone to use, and because businesses do not fit neatly into precise 
categories, businesses will still have to figure out which requirements 
listed for a given category actually apply to them. So we have asked 
the task force to look at and see if this would be helpful and to 
report back to us.
  The key point here is that the bill clearly leaves it up to the task 
force to consider whether publishing any such list makes sense, and, if 
so, to determine what would be the best way to organize it. It would 
then be up to Congress to consider the task force findings, colloquies 
notwithstanding.

[[Page H3630]]

  Mr. Speaker, I reserve the balance of my time.
  Mr. OSE. Mr. Speaker, I yield 4 minutes to the gentleman from Indiana 
(Mr. Pence).
  Mr. PENCE. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, I rise in strong support of the Small Business Paperwork 
Relief Act.
  Mr. Speaker, I serve as chairman of the Subcommittee on Regulatory 
Reform and Oversight of the Committee on Small Business, and I have 
spent countless hours listening to small businesses of America plead 
with Congress to restrain the egregious rulemaking and paperwork 
requirements of Federal agencies.
  Small businesses, as we all know, Mr. Speaker, are on the front lines 
every day dealing with the real-world implications of overzealous 
bureaucrats that seldom take into consideration the impact of their 
rules on the small business sector. Despite the fact that small 
businesses account for 50 percent of America's employers and two-thirds 
to three-quarters of net new jobs in the United States, few people 
inside the Federal Government are listening on an average day. Federal 
regulation continues to balloon, costing small businesses with fewer 
than 20 employees $6,975 per employee to comply.
  The Small Business Paperwork Relief Act will, Mr. Speaker, help small 
businesses face the regulatory burden placed upon them by requiring 
that compliance assistance resources be made available on the Internet. 
It will require that agencies have a single paperwork point of contact 
for small businesses, and that agencies make greater strides to reduce 
paperwork burdens on small businesses. H.R. 327 will also require the 
establishment of a task force to study streamlining reporting 
requirements for small businesses.
  Mr. Speaker, nowhere is that paperwork burden more evident than in 
the Environmental Protection Agency. My subcommittee recently held a 
hearing on the EPA's TRI Lead rule. This was a classic case of an 
executive agency subverting the regulatory reform measures that have 
been put in place over the years.
  For example, the EPA failed to do a proper analysis of its impact on 
small businesses, they failed to do an independent peer review of the 
science behind the rule, and they failed to do proper small business 
outreach. All of this will result in a cost of over $80 million per 
year to small businesses, and the paperwork regulation that will follow 
will not in any way reduce the lead released into our environment.
  This simply cannot continued. America's small business owners are 
suffering death by 1,000 paper cuts. They go into work every day armed 
with the entrepreneurial spirit, with the goal of building a business 
that will be successful, and what they have found is one of their 
largest obstacles to success is not a faulty business plan or a poor 
economy, but the paperwork and reporting requirements that the Federal 
Government imposes.
  I urge all of my colleagues today to stand by those who make their 
daily trek into work, to stand by the small business owner, and make it 
today just a little bit less burdensome. Pass the Paperwork Relief Act.
  Mr. TIERNEY. Mr. Speaker, I reserve the balance of my time.
  Mr. OSE. Mr. Speaker, I yield 3 minutes to the gentlewoman from West 
Virginia (Mrs. Capito).
  Mrs. CAPITO. Mr. Speaker, I thank my colleague from California for 
his leadership on this issue.
  Mr. Speaker, I rise today and urge all of my colleagues to support 
H.R. 327, the Small Business Paperwork Relief Act. This plan has the 
ability to really fuel our economy to new heights by reducing the costs 
and improving the levels of efficiencies for our small businesses, 
thereby allowing them to expand and create new jobs.
  In my home State of West Virginia, over 80 percent of our businesses 
are small businesses. In our State, good jobs are at a premium, and 
economic growth is our continual goal. This plan will support our State 
and other States in their goal to reach for more job creation and a 
stronger economy by helping small businesses thrive and perhaps even 
helping a small business begin.
  Mr. Speaker, small business has always been and will continue to be 
the key to the American dream, but by erecting and ignoring the 
government barriers that hinder the success of small business, this 
slows the creation and stifles growth.
  We have heard a lot of figures today, but I have a new one. According 
to recent figures by the Office of Management and Budget, American 
businesses spend 7.7 million hours each year complying with Federal 
paperwork at an astounding cost of $230 billion a year. Just think how 
many additional people could be employed or how many additional health 
benefits could be afforded with that much money.
  Passing the Small Business Paperwork Relief Act will free the hands 
of our small business owners by removing the unnecessary regulations 
that prevent them from doing things that I have mentioned, offering 
expanded health benefits, employing new employees. All these things 
could be done with the cost they expend on filling out the mountains of 
paperwork.
  We need to work quickly and pass this so that our constituents will 
not be cheated and our economy will not be stifled by depriving our 
businesses of many talented and capable workers. I urge my colleagues 
to recognize the tremendous benefits of this plan and to pass H.R. 327.
  Mr. TIERNEY. Mr. Speaker, I reserve the balance of my time.
  Mr. OSE. Mr. Speaker, I am pleased to yield 3 minutes to the 
gentleman from Idaho (Mr. Otter), the vice chairman.
  Mr. OTTER. Mr. Speaker, I thank the chairman of our subcommittee for 
yielding me time, and I also thank him for the leadership that he has 
shown in an effort to reduce not just the paperwork, but all the 
burdensome government regulations on all of our small businesses, and, 
in fact, on the private sector in general.
  We already know and we have heard many of the virtues and the merits 
that this H.R. 327 is going to provide for the private sector. I am 
hopeful, Mr. Speaker, that this is simply the first in an evolutionary 
process that we will have in reducing many more of the burdensome 
regulations not only on paperwork, but of the other rules and 
regulations that we have on the private sector, and especially the 
small businesses.
  The U.S. Small Business Administration Office of Advocacy recently 
issued a report called The Impact of Regulatory Costs on Small Firms. 
In this report it is stated, ``To comply with Federal regulations, 
Americans spent $843 billion in the year 2000. Had every household 
received a portion of that bill,'' every family received a proportional 
share of that bill, each household, it would have cost $8,164, each 
household.
  I submit, Mr. Speaker, that it did cost each and every one of those 
households $8,164. Of course, that is to be added to the $19,613 that 
the Federal revenuers already collect from each and every household.
  Why do I say that the households themselves had to pay $8,164 each? 
Because, Mr. Speaker, all you can do when you have a cost accruing from 
the government to a business and to a value-added product is pass that 
on to the customer. So we politicians sit down here and we pontificate 
about how we are not going to tax the people, we are not going to make 
the people obey the regulations, we are just going to make the 
businesses do it.
  And, quite frankly, businesses pay no taxes. Those that do go 
bankrupt. There is all kinds of lists of those. But who does pay the 
taxes are the taxpayers. They are the ones that pay the taxes, each and 
every one. You want to increase the price of Idaho french fries? 
Tomorrow morning I will guarantee all the french fry joints in this 
great Nation of ours you will see the price of french fries go up, 
because businesses have to collect those taxes.
  But it is the sleight of hand. It is the shadowy little area that we 
always deal in with rules and regulations and taxes in this Congress.
  Let us be honest with ourselves and let us tell these folks that not 
only are we giving the small businesses relief from the paperwork 
burden, but we are giving the taxpayers, the purchasers, the consumers, 
those who would consume the services and the value-added goods from our 
small businesses in this country, we are giving them the relief as 
well. I think you will see how much more competitive we can become in

[[Page H3631]]

this world marketplace for all of our products with this bill.
  I would encourage all my colleagues to join the rest of us and pass 
H.R. 327.
  Mr. TIERNEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I have no further requests for time. I would just like 
to make a comment in closing, and that is I think we are doing the 
exact right thing here today in passing this Small Business Paperwork 
Relief Act. But I would be remiss if I did not respond somewhat to a 
lot of the hyperbole that we have heard on the other side.
  Nobody wants small businesses to be overburdened with regulations, 
but certainly I think in the days of Enron and Global Crossing and Tyco 
and right on down the line, we can all appreciate the damage that has 
been done in the past couple of decades as we threw regulation after 
regulation away or loosened them to the point where some corporations, 
particularly large corporations, have sort of missed their mission and 
their responsibility to the American people.
  In that sense it calls upon government to have the kind of governance 
that we have always had in this country, and that is a balanced 
governance. It is a free market with the hand of government regulation 
balancing it.
  The obvious goal here is to strike that balance so it does not 
overburden business, but still protects the people in the way it should 
and the way they want it to protect them, whether it is about their 
health, about collecting taxes that are necessary for public goods and 
services or so on down the line.
  The nameless or faceless bureaucrats that people take to task on the 
other side of the aisle sometimes are people that are working as hard 
as they can to do the best job that they can do to provide good public 
services, and I think they should be commended.
  The responsibility lies here. The responsibility lies in this body to 
make sure that we give them the tools to work with as they craft the 
regulations, that we have the kind of oversight that is necessary to 
make sure that when they craft those regulations, they are, in fact, as 
uncumbersome as possible and get right to the point.
  That is part of what this bill is all about today. I think that is 
why it will pass with an overwhelming majority. I think we have started 
to do that job, take on some responsibility and give some guidance to 
the people who craft those regulations and help small businesses, 
because truly they do need help to have those regulations apply to help 
the American people and them, but have them do so in the least onerous 
way possible.
  Mr. Speaker, I yield back the balance of my time.
  Mr. OSE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to briefly note for the Record the deep 
appreciation I have for the chairman of the full committee and for the 
ranking member in sitting down and working out the differences that 
existed on this bill and allowing it to move forward in an expeditious 
fashion. To that list I would like to add my compliments to the 
gentleman from Massachusetts (Mr. Tierney), who was kind enough to host 
me in his district yesterday and for which I am grateful.

                              {time}  1415

  He has been an able advocate and a staunch supporter of trying to 
bring some relief to small businesses, and I am grateful for the 
opportunity to work with him in all six of these issues. I do look 
forward to working with all three as this bill moves through the 
process and future bills come before our committee.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, small businesses spend 
millions of hours annually meeting federal paperwork and record-keeping 
requirements. The time and effort spent by businesses and taxpayers to 
meet paperwork demands are estimated to equal almost 10% of the 
nation's Gross Domestic Product. Small businesses spend approximately 7 
billion hours annually filling out federal paperwork. This paperwork 
burden costs small businesses over $20 billion annually. According to 
the Small business Administration, the nation's small businesses have a 
disproportionate share of the regulatory burden.
  H.R. 327, Small Business Paperwork Relief Act, would ease the 
regulatory paperwork burdens on small businesses. The Act would 
streamline the regulatory paperwork process of small business owners 
and family farmers. The bill would also require the government to make 
a list of compliance assistance resources available on the Internet and 
would require each government agency to establish a central point of 
contact for small businesses. With small businesses spending an 
estimated $5,100 per employee to comply with various federally mandated 
paperwork requirements, it is essential that we act on this bill.
  Knowing the importance of small businesses to our economy and our 
communities, I believe that Congress must support small business 
expansion across America. An estimated 25.5 million small businesses a 
nationwide employ more than half the country's private work force. They 
create three of every four new jobs, and generate a majority of 
American innovations. As the backbone of our economic well-being, all 
assistance to the growth of small businesses is important to ensure our 
economic development. Therefore, I urge my colleagues to support H.R. 
327, Small Business Paperwork Relief Act.
  Mr. OSE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). All time for debate has 
expired. Pursuant to House Resolution 444, the previous question is 
ordered.
  The question is on the motion offered by the gentleman from 
California (Mr. Ose).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. OSE. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, following 
the vote on this motion, the Chair will put the question on motions to 
suspend the rules and on the approval of the Journal on which further 
proceedings were postponed earlier today. Those votes will be taken in 
the following order: H.R. 4794, by the yeas and nays; H.R. 4717, by the 
yeas and nays; the Journal vote will be de novo.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.
  The vote was taken by electronic device, and there were--yeas 418, 
nays 0, not voting 16, as follows:

                             [Roll No. 233]

                               YEAS--418

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett
     Bartlett
     Barton
     Bass
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Boozman
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Collins
     Combest
     Condit
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Ferguson
     Filner
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frank
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grucci
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)

[[Page H3632]]


     Kennedy (RI)
     Kerns
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Lynch
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Miller, Dan
     Miller, Gary
     Miller, George
     Miller, Jeff
     Mink
     Mollohan
     Moore
     Moran (KS)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reyes
     Reynolds
     Rivers
     Rodriguez
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez
     Sandlin
     Sawyer
     Saxton
     Schaffer
     Schakowsky
     Schiff
     Schrock
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watson (CA)
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--16

     Bachus
     Blagojevich
     Conyers
     Hilliard
     Hoyer
     McIntyre
     Millender-McDonald
     Moran (VA)
     Putnam
     Riley
     Rothman
     Roukema
     Sanders
     Shays
     Traficant
     Waters

                              {time}  1440

  So the motion was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________