Omnibus Small Business Act of 1989

Omnibus Small Business Act of 1989 - Title I: Cabinet Level Status for Administrator of the Small Business Administration - Expresses the sense of the Congress that the Administrator of the Small Business Administration should be designated by the President as a full-fledged member of the Cabinet, to serve as the President's principal advisor on all small business matters.

Amends Federal law to raise the Administrator's pay to an executive level commensurate with cabinet status.

Title II: Permanent Authorization for White House Conferences on Small Business - Directs the President to conduct a National White House Conference on Small Business once during each four-year period following a presidential election to increase public awareness of the role of small businesses and to review the status of recommendations adopted at the next preceding White House Conference on Small Business. Mandates that the Conference present a final report to the President and the Congress regarding its findings and recommendations.

Requires the Small Business Administration to report annually to the Congress during the three-year period following the Conference report on the status and implementation of Conference recommendations. Authorizes appropriations.

Title III: Judicial Review Under Regulatory Flexibility Act - Amends the Regulatory Flexibility Act to repeal the proscription against judicial review of agency determinations regarding regulatory flexibility.

Title IV: Regulatory Analysis of Tax Interpretative Rules - Amends the Regulatory Flexibility Act to make an interpretative rule issued under the Internal Revenue Code an agency rule subject to such Act.

Title V: Study of Impact of Regulatory Analysis Upon Small Business - Requires the Chief Counsel for Advocacy of the Small Business Administration to study the impact of Federal regulatory paperwork and tax requirements upon small business.

Title VI: Study of Credit Availability - Directs the Administrator of the Small Business Administration to study the availability of credit to small business.

 
HR 192 IH1S
101st CONGRESS
1st Session
 H. R. 192
To raise the status of the Administrator of the Small Business Administration,
to provide for a National White House Conference on Small Business, to
authorize judicial review of actions under chapter 6 of title 5, United States
Code, relating to regulatory flexibility analyses, to make interpretative rules
under the Internal Revenue Code of 1986 subject to regulatory flexibility
analyses, to direct a study of the impact of the Federal Government on
small business, and to direct a study of the availability of credit to
small business.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1989
Mr. IRELAND introduced the following bill; which was referred jointly to
the Committees on Small Business and the Judiciary
A BILL
To raise the status of the Administrator of the Small Business Administration,
to provide for a National White House Conference on Small Business, to
authorize judicial review of actions under chapter 6 of title 5, United States
Code, relating to regulatory flexibility analyses, to make interpretative rules
under the Internal Revenue Code of 1986 subject to regulatory flexibility
analyses, to direct a study of the impact of the Federal Government on
small business, and to direct a study of the availability of credit to
small business.
  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 `Omnibus Small Business Act of 1989'.
TITLE I--CABINET LEVEL STATUS FOR ADMINISTRATOR OF THE SMALL BUSINESS
ADMINISTRATION
SEC. 101. PARTICIPATION IN CABINET.
  It is the sense of the Congress that the Administrator of the Small Business
  Administration should be designated by the President--
  (1) as a member of, and a full participant in all activities of, the
  Cabinet, and
  (2) as the President's principal advisor on all matters relating to small
  business.
SEC. 102. PAY STATUS COMMENSURATE WITH CABINET STATUS.
  (a) Section 5312 of title 5, United States Code (relating to executive
  level I), is amended by adding at the end thereof the following:
  `Administrator of the Small Business Administration.'
  (b) Section 5314 of such title (relating to executive level III) is amended
  by striking out:
  `Administrator of the Small Business Administration.'
TITLE II--PERMANENT AUTHORIZATION FOR WHITE HOUSE CONFERENCES ON SMALL BUSINESS
SEC. 201. AUTHORIZATION OF CONFERENCE.
  (a) The President shall call and conduct a National White House Conference on
  Small Business (hereinafter in this title referred to as the `Conference')
  once during each 4-year period following a Presidential election, to carry
  out the purposes described in section 202. The Conference shall be preceded
  by State and regional conferences with at least one such conference being
  held in each State.
  (b) Participants in the Conference and other interested individuals and
  organizations--
  (1) may conduct conferences and other activities at the State and regional
  levels prior to the date of the Conference, subject to the approval of
  the Administrator of the Small Business Administration, and
  (2) shall direct such conferences and activities toward the consideration
  of the purposes of the Conference described in section 202 in order to
  prepare for the National Conference.
SEC. 202. PURPOSE OF CONFERENCE.
  The purposes of the Conference shall be to increase public awareness of
  the essential contribution of small business; to identify the problems
  of small business; to examine the status of minorities and women as small
  business owners; to assist small business in carrying out its role as the
  Nation's job creator; to assemble small businesses to develop such specific
  and comprehensive recommendations for executive and legislative action as
  may be appropriate for maintaining and encouraging the economic viability
  of small business and thereby, the Nation; and to review the status of
  recommendations adopted at the next preceding White House Conference on
  Small Business.
SEC. 203. CONFERENCE PARTICIPANTS.
  (a) In order to carry out the purposes specified in section 202, the
  Conference shall bring together individuals concerned with issues relating
  to small business. No small business concern representative may be denied
  admission to any State or regional conference, nor may any fee or charge
  be imposed on any small business concern representative except an amount
  to cover the cost of any meal provided to such representative plus a
  registration fee of not to exceed $10.
  (b) Delegates, including alternates to the National Conference, shall be
  elected by participants at the State and regional conferences. In addition--
  (1) each Governor and each chief executive official of the political
  subdivisions enumerated in section 4(a) of the Small Business Act may
  appoint one delegate and one alternate;
  (2) each Member of the United States House of Representatives, including
  each Delegate, and each Member of the United States Senate may appoint
  one delegate and one alternate; and
  (3) the President may appoint 100 delegates and alternates.
Only individuals from small businesses shall be eligible for appointment
pursuant to this subsection.
SEC. 204. PLANNING AND ADMINISTRATION OF CONFERENCE.
  (a) All Federal departments, agencies, and instrumentalities shall provide
  such support and assistance as may be necessary to facilitate the planning
  and administration of the Conference.
  (b) In carrying out this title, the Administrator of the Small Business
  Administration--
  (1) shall provide such assistance as may be necessary for the organization
  and conduct of conferences at the State and regional levels as authorized
  under section 201(b), and
  (2) is authorized to enter into contracts with public agencies, private
  organizations, and academic institutions to carry out this title.
  (c) The Chief Counsel for Advocacy of the Small Business Administration
  shall assist in carrying out this title by preparing and providing
  background materials for use by participants in the Conference, as well
  as by participants in State and regional conferences.
  (d) Each participant in the Conference shall be responsible for the
  participant's expenses related to attending the Conference and shall not
  be reimbursed either from funds appropriated pursuant to this title or
  the Small Business Act.
  (e)(1) The President is authorized to appoint and compensate an executive
  director and such other directors and personnel for the Conference as the
  President may deem advisable, without regard to title 5, United States
  Code, governing appointments in the competitive service, and without regard
  to chapter 51 and subchapter III of chapter 53 of such title relating to
  classification and General Schedule pay rates.
  (2) Upon request by the executive director, the heads of the executive and
  military departments are authorized to detail employees to work with the
  executive director in planning and administering the Conference without
  regard to section 3341 of title 5, United States Code.
SEC. 205. REPORTS REQUIRED.
  Not more than 6 months from the date on which the National Conference
  is convened, a final report of the Conference shall be submitted to the
  President and the Congress. The report shall include the findings and
  recommendations of the Conference as well as proposals for any legislative
  action necessary to implement the recommendations of the Conference. The
  final report of the Conference shall be available to the public.
SEC. 206. FOLLOWUP ACTIONS.
  The Small Business Administration shall report to the Congress annually
  during the 3-year period following the submission of the final report
  of the Conference on the status and implementation of the findings and
  recommendations of the Conference.
SEC. 207. AVAILABILITY OF FUNDS.
  (a) There are authorized to be appropriated such sums as may be necessary to
  carry out this title, and the sums shall remain available until expended. New
  spending authority or authority to enter contracts as provided in this
  title shall be effective only to such extent and in such amounts as are
  provided in advance in appropriation Acts.
  (b) No funds appropriated to the Small Business Administration shall be
  made available to carry out this title other than funds appropriated
  specifically for the purpose of conducting the Conference. Any funds
  remaining at the termination of the Conference, including submission of
  the report pursuant to section 205, shall be returned to the Treasury of
  the United States and credited as miscellaneous receipts.
TITLE III--JUDICIAL REVIEW UNDER REGULATORY FLEXIBILITY ACT
SEC. 301. JUDICIAL REVIEW UNDER REGULATORY FLEXIBILITY ACT.
  (a) IN GENERAL- Section 611 of title 5, United States Code, is repealed.
  (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
  6 of title 5, United States Code, is amended by striking out the item
  relating to section 611.
TITLE IV--REGULATORY ANALYSIS OF TAX INTERPRETATIVE RULES
SEC. 401. REGULATORY ANALYSIS OF TAX INTERPRETATIVE RULES.
  Section 601(2) of title 5, United States Code, is amended by inserting `(A)'
  after `means' and by inserting before `, except that' the following: `, and
  (B) any interpretative rule issued under the Internal Revenue Code of 1986'.
TITLE V--STUDY OF IMPACT OF REGULATORY ANALYSIS UPON SMALL BUSINESS
SEC. 501. STUDY.
  The Chief Counsel for Advocacy of the Small Business Administration shall
  conduct a study of the impact of all Federal regulatory paperwork and tax
  requirements upon small business.
TITLE VI--STUDY OF CREDIT AVAILABILITY
SEC. 601. STUDY.
  The Administrator of the Small Business Administration shall conduct a
  study of the availability of credit in the United States to small business.