[107th Congress Public Law 198]
[From the U.S. Government Printing Office]
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[DOCID: f:publ198.107]
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Public Law 107-198
107th Congress
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. <<NOTE: June 28,
2002 - [H.R. 327]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Small Business Paperwork
Relief Act of 2002.>> assembled,
SECTION 1. SHORT <<NOTE: 44 USC 101 note.>> 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 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) <<NOTE: Federal Register,
publication. Internet. Deadline.>> 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) <<NOTE: Deadline.>> 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--
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(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
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``(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
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business concerns with contacts for information
collection requirements for other agencies.
``(d) The task force shall--
``(1) <<NOTE: Federal Register, publication. Notice.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Termination date.>> 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 <<NOTE: Deadlines. 5 USC 601
note.>> 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.--
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(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.
(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.
Approved June 28, 2002.
LEGISLATIVE HISTORY--H.R. 327 (S. 1271):
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SENATE REPORTS: No. 107-153 accompanying S. 1271 (Comm. on Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 147 (2001):
Mar. 14, considered and passed
House.
Vol. 148 (2002):
May 22, considered and passed
Senate, amended.
June 18, House concurred in Senate
amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
June 28, Presidential statement.
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