Small Business Regulatory Reduction Act
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- Crpt 118Hrpt180
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- Crpt 118Hrpt180
Summary
House Report 118–180 of the 118th Congress, 1st Session, submitted September 1, 2023 by Mr. Williams of Texas from the Committee on Small Business to accompany H.R. 3995, the Small Business Regulatory Reduction Act. The committee reports the bill favorably with an amendment in the nature of a substitute. As amended, the bill requires the Administrator of the Small Business Administration to ensure the small business regulatory budget for a fiscal year is not greater than zero and to report to Congress within 60 days after each fiscal year on other agencies' regulations affecting small businesses. The report states the bill was introduced by Rep. Van Duyne (R–TX) on June 9, 2023, notes a June 22, 2023 hearing and a July 18, 2023 markup, and includes the section-by-section analysis and required House rule statements.
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“Small Business Regulatory Reduction Act.”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-118hrpt180/
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118TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 118–180
SMALL BUSINESS REGULATORY REDUCTION ACT
SEPTEMBER 1, 2023.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. WILLIAMS of Texas, from the Committee on Small Business,
submitted the following
R E P O R T
[To accompany H.R. 3995]
The Committee on Small Business, to whom was referred the bill
(H.R. 3995) to require the Administrator of the Small Business Ad-
ministration to ensure that the small business regulatory budget
for a fiscal year is not greater than zero, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
I. Purpose and Bill Summary ........................................................................... 2
II. Need for Legislation ...................................................................................... 2
III. Hearings ......................................................................................................... 2
IV. Committee Consideration .............................................................................. 2
V. Committee Votes ............................................................................................ 2
VI. Section-by-Section of H.R. 3995 .................................................................... 16
VII. Congressional Budget Office Cost Estimate ................................................ 16
VIII. New Budget Authority, Entitlement Authority, and Tax Expenditures 16
IX. Oversight Findings & Recommendations .................................................... 16
X. Performance Goals and Objectives ............................................................... 16
XI. Statement of Duplication of Federal Programs ........................................... 17
XII. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Ben-
efits .............................................................................................................. 17
XIII. Federal Mandates Statement ....................................................................... 17
XIV. Federal Advisory Committee Statement ...................................................... 17
XV. Applicability to Legislative Branch .............................................................. 17
XVI. Statement of Constitutional Authority ........................................................ 17
The amendment is as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Small Business Regulatory Reduction Act’’.
39–006
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SEC. 2. SMALL BUSINESS ADMINISTRATION RULEMAKING COSTS TO SMALL BUSINESS CON-
CERNS.
(a) IN GENERAL.—The Administrator shall ensure that the small business regu-
latory budget for a fiscal year is not greater than zero.
(b) REPORT.—Not later than 60 days after the last day of a fiscal year, the Admin-
istrator shall submit to Congress a report on any regulations issued by other Fed-
eral agencies that have an impact on small business concerns. Such report shall in-
clude rules issued during the fiscal year preceding and the fiscal year following the
date of the report and such rules shall be disaggregated by the issuing Federal
agency.
(c) SMALL BUSINESS REGULATORY BUDGET DEFINED.—In this section, the term
‘‘small business regulatory budget’’ means the cost to small business concerns (as
defined under section 3 of the Small Business Act (15 U.S.C. 632)) of rulemaking
(including the cost of a new rule and any modification to or repeal of a rule) by the
Administrator of the Small Business Administration.
SEC. 3. COMPLIANCE WITH CUTGO.
No additional amounts are authorized to be appropriated to carry out this Act.
Such Act shall be carried out using amounts otherwise appropriated to the Adminis-
trator of the Small Business Administration.
I. PURPOSE AND BILL SUMMARY
H.R. 3995 was introduced by Rep. Van Duyne (R–TX) on June
9, 2023. The purpose of H.R. 3995, the Small Business Regulatory
Reduction Act is to require the Small Business Administration
(SBA) to ensure that for each fiscal year the cost to small busi-
nesses of the administration’s rule making (including the modifica-
tion or repeal of a rule) is not greater than zero. SBA must also
report on regulations issued by other federal agencies that have an
impact on small businesses.
II. NEED FOR LEGISLATION
The legislation will ensure that the SBA’s rulemaking does not
compound costs on small businesses by requiring the repeal of cost-
ly, outdated rules if the agency chooses to promulgate new rules.
III. HEARINGS
In the 118th Congress, the Committee held a hearing examining
the issues covered in H.R. 3995. On June 22, 2023, the Committee
held a hearing titled ‘‘Reviewing the SBA’s Office of Advocacy Re-
port on the Regulatory Flexibility Act.’’ During the hearing, the Of-
fice of Advocacy’s (Advocacy) Deputy Chief Counsel for Advocacy,
Mr. Major L. Clark, testified about Advocacy’s recent report on the
Regulatory Flexibility Act.
The Committee examined how excessive regulatory burdens are
crushing small businesses. The hearing highlighted the need for
Congress to reign in these increasing burdens.
IV. COMMITTEE CONSIDERATION
The Committee on Small Business met in open session, with a
quorum being present, on July 18, 2023 and ordered H.R. 3995 as
amended reported favorably to the House of Representatives. Dur-
ing the markup four amendments were offered.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of Representa-
tives requires the Committee to list the recorded votes on the mo-
tion to report legislation and amendments thereto. The Committee
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voted to favorably report H.R. 3995 to the House of Representatives
at 12:19 PM.
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VI. SECTION-BY-SECTION OF H.R. 3995
Section 1. Short title
This Act may be cited as the ‘‘Small Business Regulatory Reduc-
tion Act.’’
Section 2. Small Business Administration rulemaking costs to small
business concerns
This section requires the Administrator of the SBA to ensure
that the small business regulatory budget for a fiscal year is not
greater than zero. Additionally, it requires a report on regulations
issued by other federal agencies that have an impact on small busi-
nesses.
Section 3. Compliance with CUTGO
This section does not authorize any additional appropriations for
this bill.
VII. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
Pursuant to clause 3(d)(1) of House rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of the
Congressional Budget Office pursuant to section 402 of the Con-
gressional Budget Act of 1974. The Committee has requested but
not received from the Director of the Congressional Budget Office
a cost estimate for the Committee’s provisions. Once available, the
cost estimate will be published in the Congressional Record.
VIII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX
EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
of Representatives and section 308(a)(I) of the Congressional Budg-
et Act of 1974, the Committee provides the following opinion and
estimate with respect to new budget authority, entitlement author-
ity, and tax expenditures: H.R. 3995 does not direct new spending,
but instead reallocates funding independently authorized and ap-
propriated.
IX. OVERSIGHT FINDINGS & RECOMMENDATIONS
In accordance with clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the over-
sight findings and recommendations of the Committee on Small
Business with respect to the subject matter contained in the H.R.
3995 are incorporated into the descriptive portions of this report.
X. PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirements of clause 3(c)(1) of rule XIII of
the Rules of the House of Representatives, the performance goals
and objectives of H.R. 3995 are to require the SBA to ensure that
for each fiscal year the cost to small businesses of the administra-
tion’s rule making is not greater than zero and to require the ad-
ministration to report to Congress on any regulations issued by
other agencies that have an impact on small business.
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XI. STATEMENT OF DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
of Representatives, no provision of H.R. 3995 is known to be dupli-
cative of another Federal program, including any program that was
included in a report to Congress pursuant to section 21 of Public
Law 111–139 or the most recent Catalog of Federal Domestic As-
sistance.
XII. CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED
TARIFF BENEFITS
With respect to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee finds that the bill does not con-
tain any congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI of
the Rules of the House of Representatives.
XIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal man-
dates prepared by the Director of the Congressional Budget Office
pursuant to section 423 of the Unfunded Mandates Reform Act.
XIV. FEDERAL ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b) of the
Federal Advisory Committee Act were created by this legislation.
XV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to the
terms and conditions of employment or access to public services or
accommodations within the meaning of section 102(b)(3) of the Con-
gressional Accountability Act.
XVI. STATEMENT OF CONSTITUTIONAL AUTHORITY
Pursuant to clause 7 of Rule XII of the Rules of the House, the
Committee finds that the authority for this legislation in Art. I, § 8,
cl.1 of the Constitution of the United States.
Æ
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