Requires the Chief Counsel to report annually to the President and specified congressional committees on agency compliance with Federal regulatory analysis requirements.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 818 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 818
To ensure the independence and nonpartisan operation of the Office of
Advocacy of the Small Business Administration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 8, 2003
Ms. Snowe (for herself, Mr. Kerry, Mr. Bond, Mr. Pryor, and Mr. Harkin)
introduced the following bill; which was read twice and
referred to the Committee on Small Business and
EntrepreneurshipYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
_______________________________________________________________________
A BILL
To ensure the independence and nonpartisan operation of the Office of
Advocacy of the Small Business Administration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Office of Advocacy Act
of 2003''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) excessive regulations continue to burden United States
small business concerns;
(2) Federal agencies are reluctant to comply with the
requirements of chapter 6 of title 5, United States Code, and
continue to propose regulations that impose disproportionate
burdens on small entities;
(3) the Office of Advocacy of the Small Business
Administration (referred to in this Act as the ``Office'') is
an effective advocate for small entities, including small
business concerns, that can help to ensure that agencies are
responsive to small business concerns and that agencies comply
with their statutory obligations under chapter 6 of title 5,
United States Code, and under the Small Business Regulatory
Enforcement Fairness Act of 1996 (Public Law 104-121; 106 Stat.
4249 et seq.);
(4) the independence of the Office is essential to ensure
that it can serve as an effective advocate for small business
concerns without being restricted by the views or policies of
the Small Business Administration or any other executive branch
agency;
(5) the Office needs sufficient resources to conduct the
research required to assess effectively the impact of
regulations on small business concerns; and
(6) the research, information, and expertise of the Office
make it a valuable adviser to Congress as well as the executive
branch agencies with which the Office works on behalf of small
business concerns.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to ensure that the Office has the statutory
independence and adequate financial resources to advocate for
and on behalf of small business concerns;
(2) to require that the Office report to the Chairmen and
Ranking Members of the Committees on Small Business of the
Senate and the House of Representatives and the Administrator
of the Small Business Administration in order to keep them
fully and currently informed about issues and regulations
affecting small business concerns and the necessity for
corrective action by the regulatory agency or the Congress;
(3) to provide a separate authorization for appropriations
for the Office;
(4) to authorize the Office to report to the President and
to the Congress regarding agency compliance with chapter 6 of
title 5, United States Code; and
(5) to enhance the role of the Office pursuant to chapter 6
of title 5, United States Code.
SEC. 4. OFFICE OF ADVOCACY.
(a) In General.--Title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) is amended by striking sections 201 through 203 and inserting the
following:
``SEC. 201. SHORT TITLE.
``This title may be cited as the `Office of Advocacy Act'.
``SEC. 202. DEFINITIONS.
``In this title--
``(1) the term `Administration' means the Small Business
Administration;
``(2) the term `Administrator' means the Administrator of
the Small Business Administration;
``(3) the term `Chief Counsel' means the Chief Counsel for
Advocacy appointed under section 203;
``(4) the term `Office' means the Office of Advocacy
established under section 203; and
``(5) the term `small business concern' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632).
``SEC. 203. ESTABLISHMENT OF OFFICE OF ADVOCACY.
``(a) Establishment.--
``(1) In general.--There is established in the
Administration an Office of Advocacy.
``(2) Appropriation requests.--Each budget of the United
States Government submitted by the President under section 1105
of title 31, United States Code, shall include a separate
statement of the amount of appropriations requested for the
Office of Advocacy, which shall be designated in a separate
account in the General Fund of the Treasury.
``(b) Chief Counsel for Advocacy.--
``(1) In general.--The management of the Office shall be
vested in a Chief Counsel for Advocacy, who shall be appointed
from civilian life by the President, by and with the advice and
consent of the Senate, without regard to political affiliation
and solely on the ground of fitness to perform the duties of
the office.
``(2) Employment restriction.--The individual appointed to
the office of Chief Counsel may not serve as an officer or
employee of the Administration during the 5-year period
preceding the date of appointment.
``(c) Primary Functions.--The Office shall--
``(1) examine the role of small business concerns in the
economy of the United States and the contribution that small
business concerns can make in improving competition,
encouraging economic and social mobility for all citizens,
restraining inflation, spurring production, expanding
employment opportunities, increasing productivity, promoting
exports, stimulating innovation and entrepreneurship, and
providing the means by which new and untested products and
services can be brought to the marketplace;
``(2) assess the effectiveness of Federal subsidy and
assistance programs for small business concerns and the
desirability of reducing the emphasis on those programs and
increasing the emphasis on general assistance programs designed
to benefit all small business concerns;
``(3) measure the direct costs and other effects of
government regulation of small business concerns, and make
legislative, regulatory, and nonlegislative proposals for
eliminating the excessive or unnecessary regulation of small
business concerns;
``(4) determine the impact of the tax structure on small
business concerns and make legislative, regulatory, and other
proposals for altering the tax structure to enable all small
business concerns to realize their potential for contributing
to the improvement of the Nation's economic well-being;
``(5) study the ability of financial markets and
institutions to meet the credit needs of small business
concerns, and determine the impact of government demands on
credit for small business concerns;
``(6) determine financial resource availability and
recommend, with respect to small business concerns, methods
for--
``(A) delivery of financial assistance, including
methods for securing equity capital, to small business
concerns--
``(i) owned and controlled by socially and
economically disadvantaged individuals;
``(ii) owned and controlled by women;
``(iii) owned and controlled by veterans;
or
``(iv) designated as HUBZone small business
concerns by the Administration;
``(B) generating markets for goods and services;
``(C) providing effective business education, more
effective management and technical assistance, and
training; and
``(D) assistance in complying with Federal, State,
and local laws;
``(7) evaluate the efforts of Federal agencies and the
private sector to assist small business concerns--
``(i) owned and controlled by socially and
economically disadvantaged individuals;
``(ii) owned and controlled by women;
``(iii) owned and controlled by veterans;
or
``(iv) designated as HUBZone small business
concerns by the Administration;
``(8) make such recommendations as may be appropriate to
assist the development and strengthening of small business
concerns--
``(i) owned and controlled by socially and
economically disadvantaged individuals;
``(ii) owned and controlled by women;
``(iii) owned and controlled by veterans;
or
``(iv) designated as HUBZone small business
concerns by the Administration;
``(9) recommend specific measures for creating an
environment in which all small business concerns will have the
opportunity--
``(A) to compete effectively and expand to their
full potential; and
``(B) to ascertain any common reasons for the
successes and failures of small business concerns;
``(10) determine the desirability of developing a set of
rational, objective criteria to be used to define the term
`small business concern', and develop such criteria, if
appropriate;
``(11) make recommendations and submit reports to the
Chairmen and Ranking Members of the Committees on Small
Business of the Senate and the House of Representatives and the
Administrator with respect to issues and regulations affecting
small business concerns and the necessity for corrective action
by the Administrator, any Federal department or agency, or the
Congress; and
``(12) evaluate the efforts of each department and agency
of the United States, and of private industry, to assist small
business concerns owned and controlled by veterans, as defined
in section 3(q) of the Small Business Act (15 U.S.C. 632(q)),
and small business concerns owned and controlled by serviced-
disabled veterans, as defined in such section 3(q), and to
provide statistical information on the utilization of such
programs by such small business concerns, and to make
appropriate recommendations to the Administrator and to the
Congress in order to promote the establishment and growth of
those small business concerns.
``(d) Additional Functions.--The Office shall, on a continuing
basis--
``(1) serve as a focal point for the receipt of complaints,
criticisms, and suggestions concerning the policies and
activities of the Administration and any other department or
agency of the Federal Government that affects small business
concerns;
``(2) counsel small business concerns on the means by which
to resolve questions and problems concerning the relationship
between small business and the Federal Government;
``(3) develop proposals for changes in the policies and
activities of any agency of the Federal Government that will
better fulfill the purposes of this title and communicate such
proposals to the appropriate Federal agencies;
``(4) represent the views and interests of small business
concerns before other Federal agencies whose policies and
activities may affect small business;
``(5) enlist the cooperation and assistance of public and
private agencies, businesses, and other organizations in
disseminating information about the programs and services
provided by the Federal Government that are of benefit to small
business concerns, and information on the means by which small
business concerns can participate in or make use of such
programs and services; and
``(6) carry out the responsibilities of the Office under
chapter 6 of title 5, United States Code.
``(e) Overhead and Administrative Support.--The Administrator shall
provide the Office with appropriate and adequate office space at
central and field office locations of the Administration, together with
such equipment, office supplies, and communications facilities and
services as may be necessary for the operation of such offices, and
shall provide necessary maintenance services for such offices and the
equipment and facilities located therein.''.
(b) Reports to Congress.--Title II of Public Law 94-305 (15 U.S.C.
634a et seq.) is amended by striking section 206 and inserting the
following:
``SEC. 206. REPORTS TO CONGRESS.
``(a) Annual Reports.--Not less than annually, the Chief Counsel
shall submit to the President and to the Committees on Small Business
of the Senate and the House of Representatives, the Committee on
Governmental Affairs of the Senate, the Committee on Government Reform
of the House of Representatives, and the Committees on the Judiciary of
the Senate and the House of Representatives, a report on agency
compliance with chapter 6 of title 5, United States Code.
``(b) Additional Reports.--In addition to the reports required
under subsection (a) of this section and section 203(c)(11), the Chief
Counsel may prepare and publish such reports as the Chief Counsel
determines to be appropriate.
``(c) Prohibition.--No report under this title shall be submitted
to the Office of Management and Budget or to any other department or
agency of the Federal Government for any purpose before submission of
the report to the President and to the Congress.''.
(c) Authorization of Appropriations.--Title II of Public Law 94-305
(15 U.S.C. 634a et seq.) is amended by striking section 207 and
inserting the following:
``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
Office to carry out this title, such sums as may be necessary for each
fiscal year.
``(b) Availability.--Any amount appropriated under subsection (a)
shall remain available, without fiscal year limitation, until
expended.''.
(d) Incumbent Chief Counsel for Advocacy.--The individual serving
as the Chief Counsel for Advocacy of the Small Business Administration
on the date of enactment of this Act shall continue to serve in that
position after such date in accordance with section 203 of the Office
of Advocacy Act, as amended by this section.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4964-4965)
Read twice and referred to the Committee on Small Business and Entrepreneurship. (text of measure as introduced: CR S4965-4966)
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