A bill to provide for the establishment of an Office for Small Government Advocacy, and for other purposes.
Small Governments Regulatory Partnership Act of 1989 - Title I: Establishment of the Office for Small Government Advocacy and Small Government Coordinators - Establishes within the Office of Management and Budget (OMB) the Office for Small Government Advocacy (OSGA) to: (1) receive complaints, criticisms, and suggestions concerning the regulatory policies and activities of agencies which affect small governments (governments of localities with populations of less than 50,000); (2) represent the views and interests of small governments before such agencies; (3) develop proposals for changes in such policies and activities to fulfill the purposes of this Act and communicate such proposals to appropriate agencies; (4) monitor the costs and other burdens of Federal regulation on small governments and make proposals for eliminating excessive or unnecessary regulatory burdens; (5) monitor agency compliance with regulatory function analysis provisions applicable to small governments; (6) oversee and consult with the Small Government Coordinators; (7) chair the Interagency Committee of Small Government Coordinators; and (8) consult and cooperate with the Small Government Advisory Council.
Requires OSGA to be managed by a Director who is familiar with small government needs and problems with the Federal regulatory process.
Requires the Director to submit an annual report to the Congress which includes: (1) a summary of proposals and actions taken pursuant to such proposals; (2) a detailed assessment of the costs and other burdens of Government regulation on small governments; (3) a description of the Director's activities under regulatory function analysis provisions; (4) an account of agency compliance with such provisions; and (5) a summary of the activities of the Interagency Committee and the Small Government Advisory Council. Requires such report to be based upon the information submitted by Small Government Coordinators.
Establishes within certain Federal agencies a Small Government Coordinator to be responsible for: (1) representing the small government perspective on agency rules and policies; (2) overseeing agency efforts to comply with regulatory function analysis as applied to small governmental jurisdictions; (3) overseeing establishment of agency small government data banks; (4) reporting annually to the Director on his or her activities and involvement in rulemaking processes; and (5) participating in the Interagency Committee.
Establishes within OMB the Interagency Committee to coordinate the programs, plans, activities, and policies of the Small Government Coordinators.
Requires the Director to establish a Small Government Advisory Council to advise him or her to ensure that OSGA programs and policies are familiar to, and meet the needs of, small governments. Requires the Council to report annually to the Director on its activities.
Title II: Small Government Considerations in the Analysis of Regulatory Functions - Authorizes the Director to appear as amicus curiae in any action brought in a U.S. court to review a rule to present his or her views with respect to its effect on small governmental jurisdictions.
Revises provisions concerning regulatory function analysis to increase the scope of analysis of regulatory impact on small entities.
Revises the contents of initial regulatory flexibility analyses to include: (1) a description of data resources including outreach efforts used in making certain determinations; and (2) a statement as to whether adequate information was available to determine the number of small businesses, organizations, and governmental jurisdictions affected by the proposed rule and the significance of that impact.
Prohibits application of provisions relating to regulatory flexibility analysis descriptions of significant alternatives to certain proposed rules and application of final regulatory flexibility analysis to any proposed or final rule, if the agency head certifies that the rule will not have a significant impact on a substantial number of small entities. Requires agencies to publish such certification in the Federal Register with the general notice of proposed rulemaking, along with a statement explaining the reasons for such certification.
Title III: Data Banks on Small Governments - Directs the General Accounting Office (GAO) to issue a report which develops and assesses: (1) at least three measures of the impact of the implementation of Federal regulations on small governments; and (2) a standard designation of government size categories which agencies can use in data collection on such governments.
Requires Government Coordinators to establish and oversee data banks on small governments which shall contain all information collected by the agency relating to the impact of Federal regulations on such governments for use as an agency-wide resource to develop regulatory burden estimates.
Directs the head of each agency with a Small Government Coordinator to require its offices to assist such Coordinator by contributing all information it has collected that relates to the impact of the implementation of Federal regulations on small governments.
Directs Small Government Coordinators to issue guidelines to govern such information to facilitate establishment and maintenance of such data banks. Requires such guidelines to include a designation of the three measures developed by GAO and standard government size categories.
Introduced in Senate
Read twice and referred to the Committee on Governmental Affairs.
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