 | EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
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STATEMENT OF ADMINISTRATION POLICY
(THIS STATEMENT HAS BEEN COORDINATED BY OMB
WITH THE CONCERNED AGENCIES.)
September 26, 2000
(House)
H.R. 4946 - National Small Business Regulatory Assistance Act of 2000
(Rep. Sweeney (R) NY and 5 cosponsors)
The Administration has concerns with H.R. 4946, which would establish a
pilot regulatory assistance program for small businesses that would require
at least 20 Small Business Development Centers (SBDCs) to divert resources
from their core mission of providing development assistance to owners of
small businesses.
The Administration strongly supports efforts to assist all citizens,
including small businesses, in complying with Federal regulations. Federal
agencies are therefore already providing the assistance envisioned by H.R.
4946, both on their own initiative and pursuant to the Regulatory
Flexibility Act, the Small Business Regulatory Enforcement Fairness Act,
and other laws. Requiring SBDCs to provide competent assistance on the
entire range of Federal regulatory issues would not only unnecessarily
duplicate these ongoing efforts, but also would impose substantial training
and personnel expenditures on the participating SBDCs and give rise to
unnecessary litigation over whether a small business' noncompliance was due
to reliance on erroneous advice provided by an SBDC.
Finally, proposed section 34(c)(2)(D) of H.R. 4946 would prohibit the SBA
Administrator from disclosing the name or address of any small business
concern that receives assistance under the pilot program, except where
ordered to do so by a court in a civil or criminal action. This broad
provision would conflict with 18 U.S.C. 4, which makes it a crime to
conceal knowledge of the actual commission of a Federal felony. It may
also be inconsistent with protections afforded to whistle-blowers.
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