Doug Ose

Mr. OSE

Mr. OSE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4794) to designate the facility of the United States Postal Service located at 1895 Avenida Del Oro in Oceanside, California, as the ``Ronald C. Packard Post Office Building''.

Mr. OSE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on the bill, H.R. 4794.

Mr. OSE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 4794, introduced by our distinguished colleague, the gentleman from California (Mr. Issa), designates the post office located in Oceanside, California, as the Ronald C. Packard Post Office Building. Members of the entire House delegation from the State of California are cosponsors of this legislation. Mr. Speaker, Ron Packard was first elected to Congress on November 2, 1982, after a successful write-in campaign, becoming only the fourth write-in candidate in U.S. history to win a House seat. He served the people of San Diego, Orange, and Riverside Counties for 18 years in the House of Representatives before his retirement at the close of the 106th Congress. During his time in Congress, Mr. Packard served on the prestigious Committee on Appropriations and chaired the powerful Subcommittee on Energy and Water Development, Subcommittee on Military Construction, and Subcommittee on Legislative of the Committee on Appropriations. Mr. Packard began his public service in the United States Navy, which he entered upon graduation from dental school in 1957. He was stationed at Camp Pendleton, California, and served as a dentist in the U.S. Navy Corps. Following his military service, he relocated his family and practice to the Carlsbad area and founded the Packard Dental Clinic. He quickly became active in local civic and business affairs, and received his first public post in 1962 as a trustee of the Carlsbad Unified School District, which included 3 years as chairman. He served as a director of the Carlsbad Chamber of Commerce for 4 years, and served 2 years on the Carlsbad City Council, and 4 years as mayor of Carlsbad. As mayor, he focused on critical regional issues. He served 3 years on the Transportation Policy Committee of the League of California Cities, and 4 years as a director of the North County Transit District. Representative Packard retired from Congress in 2000 so he could spend more time with his family. Ron and Jean Packard married in 1952 and have 7 children, 34 grandchildren, and 3 great-grandchildren. Mr. Speaker, I urge adoption of H.R. 4794. Mr. Speaker, I reserve the balance of my time.

Mr. OSE. Mr. Speaker, I yield 4 minutes to the gentleman from California (Mr. Issa).

Mr. OSE. Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Cox). (Mr. COX asked and was given permission to revise and extend his remarks.)

Mr. OSE. Mr. Speaker, I yield back the balance of my time.

Mr. OSE

Mr. OSE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4717) to designate the facility of the United States Postal Service located at 1199 Pasadena Boulevard in Pasadena, Texas, as the ``Jim Fonteno Post Office Building.''

Mr. OSE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 4717, introduced by our colleague, the gentleman from Texas (Mr. Bentsen), designates a post office located in Pasadena, Texas, as the Jim Fonteno Post Office Building. Members of the entire House delegation from the State of Texas are cosponsors of this legislation. Mr. Speaker, during his 28-year tenure as Harris County commissioner, Commissioner Jim Fonteno has championed many projects to improve east Harris County. For instance, one of his first initiatives was to create senior citizen centers throughout east Harris County. Today these senior centers are available throughout Harris County, and it is a tribute to Commissioner Fonteno for his foresight in championing their establishment. These multiservice centers provide many services to senior citizens, including transportation services to and from the centers. In addition, Commissioner Fonteno has worked to improve local recreation facilities by upgrading equipment, purchasing land, and building new facilities. There are currently 35 parks in Commissioner Fonteno's precinct, covering 4,000 acres and providing 30 miles of hiking and biking trails. Commissioner Fonteno has also worked to improve the services available to youth by establishing the East Harris County Youth Program, which serves at-risk boys and girls with summer camps and after-school programs. Both of these programs help young people to succeed both academically and socially. The renaming of the Pasadena post office building in honor of Commissioner Jim Fonteno is a well-deserved honor. He has tirelessly served the citizens of East Harris County through his many public and civic endeavors. Mr. Speaker, I urge adoption of H.R. 4717. Mr. Speaker, I reserve the balance of my time.

Mr. OSE

Mr. OSE. Mr. Speaker, pursuant to House Resolution 444, I call up the bill (H.R. 327) to amend chapter 35 of title 44, United States Code, for the purpose of facilitating compliance by small businesses with certain Federal paperwork requirements and to establish a task force to examine the feasibility of streamlining paperwork requirements applicable to small businesses, with Senate amendments thereto, and ask for its immediate consideration.

Mr. OSE. Mr. Speaker, I offer a motion.

Mr. OSE. Mr. Speaker, I yield 3 minutes to the gentlewoman from West Virginia (Mrs. Capito).

Mr. OSE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on H.R. 327.

Mr. OSE. Mr. Speaker, I yield such time as I may consume. Mr. Speaker, H.R. 327, the Small Business Paperwork Relief Act, was introduced by Committee on Government Reform Chairman Burton on January 31, 2001. This good government bill continues congressional efforts to streamline and reduce paperwork burdens on small businesses. On March 15, 2001, the House passed H.R. 327 by a 418 to 0 vote. On December 17 the Senate passed Senator Voinovich's companion bill, S. 1271, by unanimous consent. On May 22 of this year, the Senate passed an amended version of H.R. 327 by unanimous consent. During the 105th and 106th Congresses, the Committee on Government Reform reported out bills that passed the House by 267 to 140 and 274 to 151. Those bills were H.R. 3310 and H.R. 391, respectively. These earlier bills included additional provisions relating to the waiver of sanctions for first-time violations of small businesses of Federal paperwork requirements. During the May 21, 2002, Senate floor debate on the amended version of H.R. 327, Democratic cosponsor Senator Blanche Lincoln stated, ``Our thought behind suspending fines for first-time violators was that a majority of small business owners who neglect to file a certain form are simply overwhelmed with paperwork and don't realize their error. We thought that small business owners should be given a chance to correct the problem before they were slapped with a fine. I am disappointed that this final version does not include the fine suspension.'' Mr. Speaker, I agree with Senator Lincoln and hope that these helpful provisions will be enacted by Congress in the future. The amended version of H.R. 327 before the House today includes the following helpful provisions for small businesses: first, a requirement for the Office of Management and Budget to annually publish in the Federal Register and on the Internet a list of compliance assistance resources available to small businesses; Second, a requirement for each agency to establish a single point of contact for small businesses; Third, a requirement for each agency to make further efforts to reduce paperwork for small businesses having fewer than 25 employees; Fourth, a requirement for each agency to submit two reports, each with data for a 1-year period on enforcement actions in which a civil penalty was assessed and the penalty amounts reduced or waived for small businesses; Fifth, establishment of an interagency task force to study streamlining of paperwork requirements for small businesses. Under the amended version of H.R. 327, this task force will identify ways to integrate the collection of information across Federal agencies and programs and will examine the feasibility of requiring the agencies to consolidate reporting requirements in order that each small business may submit all information required by the agency to one point of contact at the agency, in a single format or using a single electronic reporting system, and with synchronized reporting. During the May 21 Senate floor debate on the amended version of H.R. 327, Senator Joe Lieberman inserted in the Senate record a document, coauthored by Senator Voinovich, entitled, ``H.R. 327: Consensus Amendment, Purposes and Summary, Section-by-Section Description, and Legislative History.'' This document constitutes only part of the legislative history of the amended version of H.R. 327. The task force will also examine the benefits to small businesses of publishing a list of information collections organized by the North American Industrial Classification System codes or in another manner by which small businesses can more easily identify requirements with which they are expected to comply. Last October, the subcommittee provided OMB with a road map for OMB to easily prepare such a NAICS code listing, which will be printed in the Record at the end of my statement. In addition, later in this debate, I will engage in a colloquy with the chairman of the Committee on Small Business, the gentleman from Illinois (Mr. Manzullo), about the utility of a NAICS-code listing. Additionally, the task force will develop recommendations for systems for interactive electronic reporting. The definition of ``small business'' in this bill is the one used in the Small Business Act at 15 USC subsection 631 et seq. Senator Voinovich's companion bill, which passed the Senate by unanimous consent last December, included an every-2-year reporting requirement on the number of enforcement actions in which a civil penalty is assessed, the number of such actions in which a civil penalty is assessed against a small entity, the number of enforcement actions in which the civil penalty is reduced or waived, and the total monetary amount of reductions or waivers. Unfortunately, the amended version of H.R. 327 today only includes a requirement for agencies to report this information two times. However, if there is practical utility to this information, this Federal agency reporting requirement can and should be continued. H.R. 327 amends the Paperwork Reduction Act, which is the successor to the Federal Reports Act of 1942, which began the requirement for OMB approval before paperwork could be imposed on nine or more members of the public. The 1980 Paperwork Reduction Act, which established the Office of Information and Regulatory Affairs in the office of OMB, began by stating: ``Information needed by Federal agencies shall be obtained with a minimum burden upon business enterprises, especially small business enterprises, and other persons required to furnish the information, and at a minimum cost to the government.'' The 1995 reauthorization of the Paperwork Reduction Act set 10 percent and 5 percent goals for paperwork reduction each year from 1996 to 2001. OMB's most recent estimate of Federal paperwork burden on the public is 7.7 billion hours annually, at a cost of $230 billion per year. Despite the statutory requirements for annual reductions in paperwork burden, there have actually been annual increases in paperwork in each of the last 6 years, from 1996 to 2001. OMB's April 2002 report to Congress entitled ``Managing Information Collection and Dissemination: Fiscal Year 2002,'' does not identify any interagency efforts to streamline paperwork requirements on small businesses. Also, although Congress required OMB to provide an analysis of impacts of Federal regulation on small business, OMB's December 2001 report entitled ``Making Sense of Regulation: 2001 Report to Congress on the Costs and Benefits of Regulations and Unfunded Mandates on State, Local, and Tribal Entities,'' devotes less than one page to the impact of Federal regulatory and paperwork burdens on small businesses. H.R. 327 has been endorsed by the United States Chamber of Commerce, National Association of Manufacturers, National Federation of Independent Business, National Small Business United, Small Business Coalition for Regulatory Relief, Small Business Legislative Council, Small Business Survival Committee, Academy of General Dentistry, Agricultural Retailers Association, American Farm Bureau Federation, American Road and Transportation Builders Association, Associated Builders and Contractors, Associated General Contractors, Automotive Parts and Service Alliance, Food Marketing Institute, GrassRoots Impact, Inc., National Association of Convenience Stores, National Automobile Dealers Association, National Business Association, National Pest Management Association, National Restaurant Association, Nation Roofing Contractors Association, National Tooling and Machining Association, North American Equipment Dealers Association, and the Society of American Florists. Small businesses are particularly hurt by regulatory and paperwork burden. In an October 2001 report, the Small Business Administration estimated that it cost large firms, those with over 500 employees, $4,463 per employee to comply with Federal regulatory and paperwork requirements. However, the cost to small businesses, those with fewer than 20 employees, is nearly 60 percent higher, a staggering $6,975 per employee. Not only are such costs higher for small businesses, but they are also much harder to absorb. Small businesses simply cannot afford to comply with Federal requirements in the same way that large businesses can. The high cost of such requirements often makes it impossible for small businesses to expand; it threatens their ability to stay afloat or prevents them from opening in the first place. During the May 21, 2002, floor debate on the amended version of H.R. 327, Senator Lincoln stated, ``I have been told that Federal paperwork burdens rank just behind taxes and the cost of health care as the top problems facing members of the National Federation of Independent Businesses.'' H.R. 327 should result in some needed relief for small businesses. Steps To Add NAICS Codes to OMB/OIRA's Existing Computerized Paperwork Database 1. NAICS information. Decide what NAICS codes information should be included in OMB/OIRA's existing computerized paperwork database. First, examine the SF-83 (Rev. 9-80) item #21 to see if that approach is desirable, especially since the software was previously developed for it. This item required agencies to indicate up to ten 3-digit SIC codes or to check ``multiple'' or ``all.'' Besides deciding on the approach, OMB needs to decide on the number of NAICS digits-- the first 2 digits are used for sectors, the 3rd digit is for sub-sectors, the 4th digit is for industry group, etc.--which would be most useful for the public to identify applicable paperwork and for OMB and the agencies to reduce duplicative paperwork and paperwork without any practical utility. 2. Other new information. Decide if any other information should be added to OMB/OIRA's paperwork database so that the agencies could be asked to provide this information for all currently-approved information collections at the same time as NAICS codes information. Alternatively, the agencies could be asked to provide this information only for new agency requests for OMB approval under the Paperwork Reduction Act. First, examine the 16 other items on the SF-83 (Rev. 9-80) which were deleted, including #4 (3-digit functional code, which is used in Executive and Legislative Branch budgeting). The software for some of these items was also previously developed. However, some were previously only textual fields, such as #28 (authority for agency for information collection--indicate statute, regulation, judicial decree, etc.). Since 1980, the Regulatory Information Service Center (RISC) has made some progress in coding some of this information. 3. Data specifications. After #1 and #2 are settled, outline the data specifications for a computer contractor. After the contractor is on-board for the project, OIRA should work with him to design the data format and a minimum number of data edits. For example, the contractor probably does not need to check if each 3-digit (or whatever level is chosen) NAICS code entered by an agency is a valid one but the contractor probably should check that there is some NAICS information for every data collection which significantly impacts on small entities (OMB-83-I #5) or which affects business or other for-profits or farms (OMB-83-I #11 b & d). 4. Output formats. OIRA and the contractor also need to design the output formats, including: the OMB webpage which includes NAICS information, including links to each agency's consolidated webpage, which, at a minimum, should include links to each of the agency's approved forms (available in HTML or read-only PDF formats) and their accompanying instructions; and (2) the full paper-copy listing by NAICS code. The agency webpages could also include additional information, such as links to the applicable regulations underpinning the recordkeeping requirements and any non- binding guidance documents. Unfortunately, many currently- approved agency forms are not yet available on the Internet so this step may require some agency effort, which is worthwhile with or without the addition of NAICS information. 5. Availability. After consultation with the Hill and interest groups (such as NFIB), OMB should decide if all Federal Register publication annually makes sense or just a Federal Register Notice of Document Availability for OMB's full paper-copy listing. 6. Agency training. OIRA (including its Statistical Policy experts) needs to train the agencies about NAICS. If agencies are in doubt which NAICS codes apply, they could call a few of their respondents since businesses all know which NAICS code applies to them since they are routinely asked to provide this information by various Federal agencies (e.g., the Census Bureau and the SEC). 7. Agency input. After OMB and the contractor have agreed on an approach (in step #3 above) and the agencies are trained (in step #6 above), OMB needs to ask each agency with one or more currently approved information collections (i.e., including the independent regulatory commissions and the bank regulatory agencies) to provide the new information--for each of the 7,780 currently-approved information collections--in the precise format which OMB will be using for all new agency requests for OMB approval under the Paperwork Reduction Act. OMB could ask agencies to directly input this information electronically into the database, with the rest of the data elements in OMB's database kept as read-only items which cannot be changed by the agencies. Alternatively, OMB could ask the agencies to e-mail the information (in a format calling only for the 8-digit OMB number and then the NAICS information) for OMB's contractor to merge into the OMB database. OMB does not second guess the agency input for other items (such as #11, affected public) on the OMB-83-I (Rev. 10/95) so OMB should not be required to verify the accuracy of agency input for NAICS information. 8. Quality control. Have the contractor perform edit checks on the consolidated (agency-provided) new information in OMB/ OIRA's paperwork database (as determined in step #3 above) and test each of the links from OMB's webpage to each of the agency's webpages. Mr. Speaker, I reserve the balance of my time.

Mr. OSE. Mr. Speaker, I am pleased to yield 6 minutes to the gentleman from Indiana (Mr. Burton), the distinguished chairman of the Committee on Government Reform. (Mr. BURTON of Indiana asked and was given permission to revise and extend his remarks.)

Mr. OSE. Mr. Speaker, I yield such time as he may consume to the gentleman from Illinois (Mr. Manzullo).

Mr. OSE. Mr. Speaker, will the gentleman yield?

Mr. OSE. I am happy to engage in a colloquy with the gentleman from Illinois, who is the distinguished chairman of the Committee on Small Business.

Mr. OSE. I concur with the gentleman from Illinois. I cannot understand how a task force that is designed to reduce the paperwork burdens on small businesses could accomplish its goal without obtaining input from the small businesses that are buried by Federal reporting and recordkeeping requirements.

Mr. OSE. I agree with the gentleman from Illinois. The bill is intended to make information available in a user-friendly format, which means making it easy for small businesses to find the relevant paperwork requirements on the Internet. That would include providing appropriate links on the Office of Management and Budget's Website to the single points of contact established by the bill. In addition, I would expect links on the Office of Management and Budget's Website to other general access points, such as the FirstGov Website and the Small Business Administration's Website. I look forward to working with the distinguished gentleman from Illinois to ensure that Federal agencies provide appropriate links to this critical information.

Mr. OSE. I agree with the gentleman from Illinois that reducing reporting frequency would be an effective way to help small businesses. To ensure no unintended consequences under the Paperwork Reduction Act, any proposed changes in periodicity would be subject to public notice and comment.

Mr. OSE. Mr. Speaker, I just want to be sure that I am clear in terms of my colloquy with the gentleman from Illinois (Mr. Manzullo) in the sense that we did enter it into the Record, and it is going to show up in the Journal and what have you, and it will be a part of the legislative record as a part of the recorded record that the transcriptionists and others are taking part in, just to clarify that point.

Mr. OSE. Mr. Speaker, I yield 2 minutes to the gentleman from Illinois (Mr. Manzullo). We inadvertently left out a couple of items of the record that we are attempting to establish here.

Mr. OSE. Mr. Speaker, I yield 4 minutes to the gentleman from Indiana (Mr. Pence).

Mr. OSE. Mr. Speaker, will the gentleman yield?

Mr. OSE. Mr. Speaker, I thank the gentleman for coming back to the podium to address this issue and for raising this critical point. I believe that the information should be organized by NAICS codes. Otherwise a small business searching for information on its paperwork burdens might not find the information most applicable to its business. By using NAICS codes, restaurants could easily find information relevant for restaurants, not information for steel manufacturers. In conclusion, I fully agree with the gentleman from Illinois on this point, and I thank him for helping me make it part of the record.