I
104TH CONGRESS
2D SESSION
H. R. 3798
To provide regulatory relief for small business concerns, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 11, 1996
Mr. SOLOMON (for himself, Mr. ZELIFF, Mrs. KELLY, Mr. MONTGOMERY, Mr.
COBLE, Mr. ENGLISH of Pennsylvania, Mr. BENTSEN, Mr. WELDON of
Pennsylvania, Mr. POMEROY, Mrs. VUCANOVICH, Mr. MANZULLO, Mr.
FUNDERBURK, Mr. DICKEY, Mr. BOEHLERT, Mr. CHAMBLISS, Mr. BUNN
of Oregon, Mr. HUTCHINSON, Mr. RICHARDSON, Mr. JOHNSON of South
Dakota, Mr. CLINGER, Mr. HEFLEY, Mr. EVERETT, Mr. BARR of Geor-
gia, Mrs. MYRICK, Mr. WAMP, Mr. YOUNG of Alaska, Mr. SCHAEFER,
Mr. LEWIS of Kentucky, Mr. BARRETT of Nebraska, Mr. WICKER, Mr.
MASCARA, Mr. BACHUS, Mr. SKELTON, Mr. ROBERTS, Mr. CONDIT, Mr.
THOMAS, Ms. DANNER, Mr. BISHOP, Mr. BREWSTER, Mr. GOODLING,
Mr. RIGGS, Mr. CALVERT, Mr. SHAYS, Mr. BLUTE, Mrs. CLAYTON, Ms.
PRYCE, Mr. BARTON of Texas, Mr. BEREUTER, Ms. KAPTUR, Mr.
HERGER, Mr. DOYLE, Mr. FRANK of Massachusetts, Mr. NEAL of Massa-
chusetts, Mr. FOX of Pennsylvania, Mr. GREENWOOD, Mr. CUNNINGHAM,
Mr. FATTAH, Mr. BARTLETT of Maryland, Mr. STENHOLM, Mr. GILMAN,
Mr. MCHUGH, Mr. SCARBOROUGH, Mr. JONES, Mr. ENGEL, Mr. PETE
GEREN of Texas, Mr. MEEHAN, Mr. HOLDEN, Mr. DEFAZIO, Mr. COM-
BEST, Mrs. THURMAN, Mr. PICKETT, Mr. LINDER, Mr. HAYES, Mr.
DEAL of Georgia, Mr. CHRISTENSEN, Mr. HASTINGS of Florida, Mr.
FRANKS of Connecticut, Mr. RADANOVICH, Mr. GEKAS, Mr. MCHALE,
Ms. GREENE of Utah, Mr. GOSS, Mr. SMITH of Texas, Mr. LAHOOD, Mr.
MICA, Mr. LEWIS of Georgia, Mr. FOGLIETTA, Mr. QUILLEN, Mr.
DREIER, Mr. STEARNS, and Mr. TAYLOR of North Carolina) introduced
the following bill; which was referred to the Committee on Small Busi-
ness, and in addition to the Committee on Government Reform and Over-
sight, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
A BILL
To provide regulatory relief for small business concerns, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Small Busi-
ness Regulatory Relief Act of 1996’’.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a system of
confidential voluntary compliance with Federal regulations
that will—
(1) provide a low cost process to significantly
improve voluntary compliance by small business con-
cerns with Federal regulations;
(2) improve the level of outreach to the small
business community and reduce duplication of effort
among Federal agencies;
(3) be funded without additional appropriations;
(4) use the existing federally supported national
small business development center service delivery
network;
(5) provide a mechanism for unbiased feedback
to Federal agencies on the small business regulatory
environment; and
(6) stimulate the development of partnerships
between nonpunitive assistance programs and the
small business development center service delivery
network in order to improve access to and utilization
of these programs by the small business community.
SEC. 3. ESTABLISHMENT OF PROGRAM.
The Small Business Act (15 U.S.C. 637 et seq.) is
amended—
(1) by redesignating section 31 as section 32;
and
(2) by inserting after section 30 the following
new section:
‘‘SEC. 31. SMALL BUSINESS REGULATORY RELIEF.
‘‘(a) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘Chairperson’ means the Chair-
person of the Council;
‘‘(2) the term ‘Council’ means the Small Busi-
ness Regulatory Relief Council established under
subsection (b);
‘‘(3) the term ‘participating agency’ means—
‘‘(A) the Environmental Protection Agen-
cy;
‘‘(B) the Internal Revenue Service of the
Department of the Treasury; and
‘‘(C) the Occupational Safety and Health
Administration of the Department of Labor;
‘‘(4) the term ‘small business development cen-
ter’ means a small business development center es-
tablished pursuant to section 21; and
‘‘(5) the term ‘system of voluntary compliance’
means the system under which small business devel-
opment centers or consortia of small business devel-
opment centers provide confidential assistance to one
or more small business concerns in achieving vol-
untary compliance with regulatory requirements im-
posed on small business concerns by a participating
agency.
‘‘(b) SMALL BUSINESS REGULATORY RELIEF COUN-
CIL.—
‘‘(1) ESTABLISHMENT.—Not later than 30 days
after the date of enactment of this Act, there shall
be established a Small Business Regulatory Relief
Council in accordance with this subsection.
‘‘(2) MEMBERSHIP.—The Council shall be com-
posed of 13 members, as follows:
‘‘(A) The Associate Administrator for the
Office of Small Business Development Centers.
‘‘(B) One individual selected by the Ad-
ministrator of the Environmental Protection
Agency from among grade V or higher senior
executive service employees of the Environ-
mental Protection Agency.
‘‘(C) One individual selected by the Sec-
retary of the Treasury from among grade V or
higher senior executive service employees of the
Internal Revenue Service of the Department of
the Treasury.
‘‘(D) One individual selected by the Sec-
retary of Labor from among grade V or higher
senior executive service employees of the Occu-
pational Safety and Health Administration of
the Department of Labor.
‘‘(E) Four individuals selected by an asso-
ciation representing the majority of small busi-
ness development centers, authorized in section
21(a)(3)(A), from among representatives of
small business development centers.
‘‘(F) One individual selected by the Na-
tional Small Business Development Center Ad-
visory Council.
‘‘(G) Four individuals selected by the Ad-
ministrator from among small business owners
nominated by national organizations represent-
ing small business concerns.
‘‘(3) CHAIRPERSON.—The Council shall elect a
Chairperson from among its members to serve for a
term of one year.
‘‘(4) PERIOD OF APPOINTMENT; VACANCIES.—
‘‘(A) PERIOD
OF
APPOINTMENT.—Each
member of the Council shall be appointed for a
term of one year. No member of the Council
may serve more than three consecutive terms.
‘‘(B) VACANCIES.—A vacancy in the Coun-
cil shall not affect the powers of the Council,
and shall be filled in the same manner as the
original appointment was made.
‘‘(5) MEETINGS.—The Council shall meet at
the call of the Chairperson, but not less quarterly.
‘‘(6) POWERS OF THE COUNCIL.—
‘‘(A) HEARINGS.—The Council may hold
such hearings, sit and act at such times and
places, take such testimony, and receive such
evidence as the Council considers necessary to
carry out this section.
‘‘(B) INFORMATION FROM FEDERAL AGEN-
CIES.—The Council may secure directly from
any Federal department or agency, such infor-
mation as the Council considers necessary to
carry out this section. Upon request of the
Chairperson, the head of such department or
agency shall furnish such information to the
Council.
‘‘(C) POSTAL
SERVICES.—The Council
may use the United States mails in the same
manner and under the same conditions as other
departments and agencies of the Federal Gov-
ernment.
‘‘(D) GIFTS.—The Council may accept,
use, and dispose of gifts or donations of serv-
ices or property.
‘‘(7) COUNCIL PERSONNEL MATTERS.—
‘‘(A) COMPENSATION OF MEMBERS.—
‘‘(i) IN GENERAL.—Each member of
the Council who is not an officer or em-
ployee of the Federal Government or of a
small business development center shall be
compensated at a rate equal to the daily
equivalent of the annual rate of basic pay
prescribed for level IV of the Executive
Schedule under section 5315 of title 5,
United States Code, for each day (includ-
ing travel time), during which such mem-
ber is engaged in the performance of the
duties of the Council.