article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Review Panel Technical Amendments Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy. (2) Small businesses bear a disproportionate share of regulatory costs and burdens. (3) Federal agencies must consider the impact of their regulations on small businesses early in the rulemaking process. (4) The Small Business Advocacy Review Panel process that was established by the Small Business Regulatory Enforcement Fairness Act of 1996 has been effective in allowing small businesses to participate in rules that are being developed by the Environmental Protection Agency and the Occupational Safety and Health Administration. (b) Purposes.--The purposes of this Act are the following: (1) To provide a forum for the effective participation of small businesses in the Federal regulatory process. (2) To clarify and strengthen the Small Business Advocacy Review Panel process. (3) To expand the number of Federal agencies that are required to convene Small Business Advocacy Review Panels. SEC. 3. ENSURING FULL ANALYSIS OF POTENTIAL IMPACTS ON SMALL ENTITIES OF RULES PROPOSED BY CERTAIN AGENCIES. Section 609(b) of title 5, United States Code, is amended to read as follows: ``(b)(1) Before the publication of an initial regulatory flexibility analysis that a covered agency is required to conduct under this chapter, the head of the covered agency shall-- ``(A) notify the Chief Counsel for Advocacy of the Small Business Administration (in this subsection referred to as the `Chief Counsel') in writing; ``(B) provide the Chief Counsel with information on the potential impacts of the proposed rule on small entities and the type of small entities that might be affected; and ``(C) not later than 30 days after complying with subparagraphs (A) and (B)-- ``(i) with the concurrence of the Chief Counsel, identify affected small entity representatives; and ``(ii) transmit the information referred to in subparagraph (B) to the identified small entity representatives for the purposes of obtaining advice and recommendations about the potential impacts of the draft proposed rule. ``(2)(A) Not earlier than 30 days after the covered agency transmits information pursuant to paragraph (1)(C)(ii), the head of the covered agency shall convene a review panel for the draft proposed rule. The panel shall consist solely of full-time Federal employees of the office within the covered agency that will be responsible for carrying out the proposed rule, the Office of Information and Regulatory Affairs of the Office of Management and Budget, and the Chief Counsel. ``(B) The review panel shall-- ``(i) review any material the covered agency has prepared in connection with this chapter, including any draft proposed rule; ``(ii) collect advice and recommendations from the small entity representatives identified under paragraph (1)(C)(i) on issues related to paragraphs (3), (4), and (5) of section 603(b) and section 603(c); and ``(iii) allow any small entity representative identified under paragraph (1)(C)(i) to make an oral presentation to the panel, if requested. ``(C) Not later than 60 days after the date a covered agency convenes a review panel pursuant to this paragraph, the review panel shall report to the head of the covered agency on-- ``(i) the comments received from the small entity representatives identified under paragraph (1)(C)(i); and ``(ii) its findings regarding issues related to paragraphs (3), (4), and (5) of section 603(b) and section 603(c). ``(3) The head of the covered agency shall print in the Federal Register the report of the review panel under paragraph (2)(C), by the earlier of-- ``(A) 120 days after the date the head of the covered agency receives the report; or ``(B) as part of the publication of the notice of proposed rulemaking for the proposed rule. ``(4) Where appropriate, the covered agency shall modify the draft proposed rule, the initial regulatory flexibility analysis for the draft proposed rule, or the decision on whether an initial regulatory flexibility analysis is required for the draft proposed rule.''. SEC. 4. DEFINITIONS. Section 609(d) of title 5, United States Code, is amended to read as follows: ``(d) For the purposes of this section-- ``(1) the term `covered agency' means the Environmental Protection Agency, the Occupational Safety and Health Administration of the Department of Labor, and the Internal Revenue Service of the Department of the Treasury; and ``(2) the term `small entity representative' means a small entity, or an individual or organization that represents a small entity.''. SEC. 5. EFFECTIVE DATE. This Act shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act.
summary: Small Business Review Panel Technical Amendments Act of 1999 (sic) - Amends Federal provisions concerning the promulgation of Federal rules to allow representatives of small entities that may be affected to make an oral presentation to a review panel for a proposed rule. Requires the head of an agency covered by the rule to print the report of the review panel in the Federal Register within 120 days after receiving it or as part of the publication of the notice of proposed rulemaking.