SEC. 5. CLARIFICATION OF AUTHORITY FOR PROCURE-
MENT REGULATIONS.
Section 16 of the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 414) is amended—
(1) in paragraph (3) by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (4) by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) include in each regulation governing pro-
curement that is issued by the agency a citation of
the specific statutory authority for the regulation.’’.
SEC. 6. REPRESENTATION OF SMALL BUSINESS ADMINIS-
TRATION ON COST ACCOUNTING STANDARDS
BOARD.
Section 20(a)(1) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 422(a)(1)) is amended—
(1) in the matter preceding subparagraph (A)—
(A) by striking ‘‘5’’ and inserting ‘‘6’’; and
(B) by striking ‘‘4’’ and inserting ‘‘5’’; and
(2) in subparagraph (A)—
(A) in the matter preceding clause (i) by
striking ‘‘two’’ and inserting ‘‘3’’;
(B) in clause (i) by striking ‘‘and’’ after
the semicolon; and
(C) by inserting after clause (ii) the follow-
ing:
‘‘(iii) one of whom shall be a representative
of the Small Business Administration appointed
by the Administrator of the Small Business
Administration; and’’.
SEC. 7. RULES OPPOSED BY SBA CHIEF COUNSEL FOR AD-
VOCACY.
(a) IN GENERAL.—Section 612 of title 5, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(d) STATEMENT OF OPPOSITION.—
‘‘(1) TRANSMITTAL OF PROPOSED RULES AND
INITIAL
REGULATORY
FLEXIBILITY
ANALYSIS
TO
SBA CHIEF COUNSEL FOR ADVOCACY.—On or before
the 30th day preceding the date of publication by an
agency of general notice of proposed rulemaking for
a rule, including a rule relating to procurement, the
agency shall transmit to the Chief Counsel for Advo-
cacy of the Small Business Administration—
‘‘(A) a copy of the proposed rule; and
‘‘(B)(i) a copy of the initial regulatory
flexibility analysis for the rule if required under
section 603; or
‘‘(ii) a determination by the agency that an
initial regulatory flexibility analysis is not re-
quired for the proposed rule under section 603
and an explanation for the determination.
‘‘(2) STATEMENT OF OPPOSITION.—On or be-
fore the 15th day following receipt of a proposed
rule and initial regulatory flexibility analysis from an
agency under paragraph (1), the Chief Counsel for
Advocacy may transmit to the agency a written
statement of opposition of the proposed rule.
‘‘(3) RESPONSE.—If the Chief Counsel for Ad-
vocacy transmits to an agency a statement of opposi-
tion to a proposed rule in accordance with para-
graph (2), the agency shall publish the statement,
together with the response of the agency to the
statement, in the Federal Register at the time of
publication of general notice of proposed rulemaking
for the rule.’’.
(b) CONFORMING AMENDMENT.—Section 603(a) of
title 5, United States Code, is amended by inserting ‘‘in
accordance with section 612(d)’’ before the period at the
end of the last sentence.
SEC. 8. REVIEW OF DEVIATIONS FROM PROCUREMENT NO-
TICE REQUIREMENT.
(a) REVIEW REQUIREMENT.—Section 18 of the Of-
fice of Federal Procurement Policy Act (41 U.S.C. 416)
is amended by adding at the end the following new sub-
section:
‘‘(e)(1) In the case of any procurement for which a
notice is not required under subsection (a)(1) by reason
of subsection (c), the head of the executive agency intend-
ing to conduct the procurement shall, before issuing the
solicitation for the procurement, submit to the Adminis-
trator of Federal Procurement Policy the justification for
not furnishing the notice. The Administrator of Federal
Procurement Policy shall, before the issuance of the solici-
tation for the procurement, review the justification to en-
sure that it is appropriate and reasonable.
‘‘(2) At least once every 5 years, the Administrator
of Federal Procurement Policy shall review the justifica-
tions submitted under paragraph (1). In conducting the
review, the Administrator shall concentrate on those jus-
tifications that have been submitted by the same executive
agency, for the same type of procurements, in each of the
5 years covered by the review, to ensure that such jus-
tifications continue to be appropriate and reasonable.’’.
(b) EFFECTIVE DATE.—Subsection (e) of section 18
of the Office of Federal Procurement Policy Act shall
apply with respect to solicitations for procurements issued
after the 30-day period beginning on the date of the enact-
ment of this Act.
Æ