Providing Opportunities to Show Transparency via Information Technology Act of 2023 — House of Representatives, 118th Congress
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House Report 118–185 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. 4668, the POST IT Act of 2023. The committee reports the bill favorably without amendment and recommends that it pass. The report states that the bill amends the Small Business Act to require the Small Business and Agriculture Regulatory Enforcement Ombudsman to publish guidance documents for rules that have a significant impact on a substantial number of small entities. It covers the need for the legislation, a June 22, 2023 hearing, the July 18, 2023 markup, a section-by-section analysis of Sections 1 to 3, and required statements, noting that a Congressional Budget Office cost estimate was requested but not received. It closes with changes in existing law to section 30 of the Small Business Act.
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“Providing Opportunities to Show Transparency via Information Technology Act of 2023 — House of Representatives, 118th Congress.”
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118TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 118–185
PROVIDING OPPORTUNITIES TO SHOW TRANSPARENCY
VIA INFORMATION TECHNOLOGY ACT OF 2023
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. 4668]
The Committee on Small Business, to whom was referred the bill
(H.R. 4668) to amend the Small Business Act to require the Small
Business and Agriculture Regulatory Enforcement Ombudsman to
publish guidance documents for certain rules, and for other pur-
poses, having considered the same, reports favorably thereon with-
out amendment and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Bill Summary ........................................................................ 1
II. Need for Legislation .................................................................................... 2
III. Hearings ....................................................................................................... 2
IV. Committee Consideration ........................................................................... 2
V. Committee Votes ......................................................................................... 2
VI. Section-by-Section of H.R. 4668 ................................................................. 5
VII. Congressional Budget Office Cost Estimate ............................................. 5
VIII. New Budget Authority, Entitlement Authority, and Tax Expenditures 5
IX. Oversight Findings & Recommendations .................................................. 5
X. Performance Goals and Objectives ............................................................ 5
XI. Statement of Duplication of Federal Programs ........................................ 6
XII. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits ..................................................................................................... 6
XIII. Federal Mandates Statement ..................................................................... 6
XIV. Federal Advisory Committee Statement ................................................... 6
XV. Applicability to Legislative Branch ........................................................... 6
XVI. Statement of Constitutional Authority ...................................................... 6
XVII. Changes in Existing Law, Made by the Bill, As Reported ...................... 6
I. PURPOSE AND BILL SUMMARY
H.R. 4668 was introduced by Rep. Molinaro (R–NY) and Rep.
Scholten (D–MI) on July 17, 2023. The purpose of H.R. 4668, the
39–006
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POST IT Act, is to amend the Small Business Act to require the
Small Business and Agriculture Regulatory Enforcement Ombuds-
man to publish guidance documents for rules that have a signifi-
cant impact on a substantial number of small entities. The legisla-
tion will make it easier for small businesses to better understand
and comply with guidance that may otherwise be difficult for them
to find and understand.
II. NEED FOR LEGISLATION
The POST IT Act creates a centralized repository so small busi-
nesses can find information on how to comply with regulations.
While there are official guidance documents that are released when
a rule is initially finalized, over time, agencies often release addi-
tional materials clarifying and providing guidance on compliance.
This includes updated policy statements and technical clarifica-
tions. This legislation ensures all of these updates will be housed
in a centralized location on the Ombudsman’s website.
III. HEARINGS
In the 118th Congress, the Committee held one hearing exam-
ining the issues covered in H.R. 4668. On June 22, 2023, the Com-
mittee held a hearing titled ‘‘Reviewing the SBA’s Office of Advo-
cacy Report on the Regulatory Flexibility Act.’’ During the hearing,
the Office of Advocacy’s (Advocacy) Deputy Chief Counsel for Advo-
cacy, Mr. Major L. Clark, testified about Advocacy’s recent report
on the Regulatory Flexibility Act.
The Committee examined how the increasing regulatory burdens
promulgated by federal agencies are crushing small businesses.
The hearing highlighted the importance of communication with the
private sector in order to ease the burden of regulatory compliance.
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. 4668 re-
ported favorably to the House of Representatives. During the mark-
up no 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
voted to favorably report H.R. 4668 to the House of Representatives
at 12:00 PM.
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5
VI. SECTION-BY-SECTION OF H.R. 4668
Section 1. Short title
This legislation may be cited as the ‘‘Providing Opportunity to
Show Transparency via Information Technology Act of 2023’’ or the
‘‘POST IT Act of 2023.’’
Section 2. Inclusion of guidance on Ombudsman website
Guidance as well as updated policy directives relating to rules
determined to have a significant impact on a substantial number
of small entities must be posted on the SBA’s National Ombuds-
man’s website.
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. 4668 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.
4668 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. 4668 are to require subsequent guidance and
updated policy directive for rules that have a significant impact on
a substantial number of small entities to be posted to the SBA’s
National Ombudsman’s website.
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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. 4668 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.
XVII. CHANGES IN EXISTING LAW, MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
and existing law in which no change is proposed is shown in
roman):
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
and existing law in which no change is proposed is shown in
roman):
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SMALL BUSINESS ACT
* * * * * * *
SEC. 30. OVERSIGHT OF REGULATORY ENFORCEMENT.
(a) DEFINITIONS.—For purposes of this section, the term—
(1) ‘‘Board’’ means a Regional Small Business Regulatory
Fairness Board established under subsection (c); and
(2) ‘‘Ombudsman’’ means the Small Business and Agriculture
Regulatory Enforcement Ombudsman designated under sub-
section (b).
(b) SBA ENFORCEMENT OMBUDSMAN.—
(1) Not later than 180 days after the date of enactment of
this section, the Administrator shall designate a Small Busi-
ness and Agriculture Regulatory Enforcement Ombudsman,
who shall report directly to the Administrator, utilizing per-
sonnel of the Small Business Administration to the extent
practicable. Other agencies shall assist the Ombudsman and
take actions as necessary to ensure compliance with the re-
quirements of this section. Nothing in this section is intended
to replace or diminish the activities of any Ombudsman or
similar office in any other agency.
(2) The Ombudsman shall—
(A) work with each agency with regulatory authority
over small businesses to ensure that small business con-
cerns that receive or are subject to an audit, on-site inspec-
tion, compliance assistance effort, or other enforcement re-
lated communication or contact by agency personnel are
provided with a means to comment on the enforcement ac-
tivity conducted by such personnel;
(B) establish means to receive comments from small
business concerns regarding actions by agency employees
conducting compliance or enforcement activities with re-
spect to the small business concern, means to refer com-
ments to the Inspector General of the affected agency in
the appropriate circumstances, and otherwise seek to
maintain the identity of the person and small business
concern making such comments on a confidential basis to
the same extent as employee identities are protected under
section 407 of title 5, United States Code;
(C) based on substantiated comments received from
small business concerns and the Boards, annually report
to Congress and affected agencies evaluating the enforce-
ment activities of agency personnel including a rating of
the responsiveness to small business of the various re-
gional and program offices of each agency;
(D) coordinate and report annually on the activities,
findings and recommendations of the Boards to the Admin-
istrator and to the heads of affected agencies; and
(E) provide the affected agency with an opportunity to
comment on draft reports prepared under subparagraph
(C), and include a section of the final report in which the
affected agency may make such comments as are not ad-
dressed by the Ombudsman in revisions to the draft.
(c) REGIONAL SMALL BUSINESS REGULATORY FAIRNESS BOARDS.—
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(1) Not later than 180 days after the date of enactment of
this section, the Administrator shall establish a Small Busi-
ness Regulatory Fairness Board in each regional office of the
Small Business Administration.
(2) Each Board established under paragraph (1) shall—
(A) meet at least annually to advise the Ombudsman on
matters of concern to small businesses relating to the en-
forcement activities of agencies;
(B) report to the Ombudsman on substantiated instances
of excessive enforcement actions of agencies against small
business concerns including any findings or recommenda-
tions of the Board as to agency enforcement policy or prac-
tice; and
(C) prior to publication, provide comment on the annual
report of the Ombudsman prepared under subsection (b).
(3) Each Board shall consist of five members, who are own-
ers, operators, or officers of small business concerns, appointed
by the Administrator, after receiving the recommendations of
the chair and ranking minority member of the Committees on
Small Business of the House of Representatives and the Sen-
ate. Not more than three of the Board members shall be of the
same political party. No member shall be an officer or em-
ployee of the Federal Government, in either the executive
branch or the Congress.
(4) Members of the Board shall serve at the pleasure of the
Administrator for terms of three years or less.
(5) The Administrator shall select a chair from among the
members of the Board who shall serve at the pleasure of the
Administrator for not more than 1 year as chair.
(6) A majority of the members of the Board shall constitute
a quorum for the conduct of business, but a lesser number may
hold hearings.
(d) POWERS OF THE BOARDS.—
(1) The Board may hold such hearings and collect such infor-
mation as appropriate for carrying out this section.
(2) The Board may use the United States mails in the same
manner and under the same conditions as other departments
and agencies of the Federal Government.
(3) The Board may accept donations of services necessary to
conduct its business, provided that the donations and their
sources are disclosed by the Board.
(4) Members of the Board shall serve without compensation,
provided that, members of the Board shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates au-
thorized for employees of agencies under subchapter I of chap-
ter 57 of title 5, United States Code, while away from their
homes or regular places of business in the performance of serv-
ices for the Board.
(e) CENTRALIZED WEBSITE.—Not later than 6 months after the
date of the enactment of this subsection, the Ombudsman shall
maintain a publicly available website that includes—
(1) hyperlinks to small entity compliance guides described
under section 212(a)(1) of the Small Business Regulatory En-
forcement Fairness Act of 1996; øand¿
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(2) with respect to each such small entity compliance guide,
the contact information for an individual who can offer assist-
ance to small entities with respect to the rules that are the
subject of such guideø.¿; and
(3) to the extent practicable, hyperlinks for such guidance that
is designed to set forth policy on a statutory, regulatory, or tech-
nical issue, or an interpretation of such issue, for any rule for
which an agency produces a small entity compliance guide.
(f) REPORT ON AGENCY COMPLIANCE.—The Ombudsman shall in-
clude in the annual report required under subsection (b)(2)(C) an
assessment of agency compliance with the requirements of section
212 of the Small Business Regulatory Enforcement Fairness Act of
1996 for the year covered by such annual report.
(g) PROTECTION OF CONFIDENTIAL INFORMATION.—Subsection (e)
does not require the public availability of information that is exempt
from public disclosure under section 552(b) of title 5, United States
Code (commonly known as the ‘‘Freedom of Information Act’’).
* * * * * * *
Æ
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