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<DOC> SMALL BUSINESS ADMINISTRATION (SBA) Statement of Regulatory Priorities In formulating its Regulatory Plan for the fiscal year 1995, the Small Business Administration (SBA) is mindful of the goals given to it by the President: to increase the availability of capital to small business owners, to ease the burden of regulation and paperwork on small business, and to streamline the Agency so that it can more effectively help create jobs and promote economic development. In the financial assistance area, SBA will focus on improvement of its Guaranteed Loan, Certified Development Company, and Small Business Investment Company programs. The burden of regulation will be eased by changes in its required documentation and procedures for its Guaranteed Loan and Disaster Loan programs. To help with streamlining, SBA will revamp its existing regulations for the section 8(a) program (for socially and economically disadvantaged firms), for Small Business Development Centers, and for size determinations. One proposed rule would augment the infusion of capital into the small business community by reducing the scope and complexity of the ``alter ego rule.'' This would relieve restrictions on small business applicants who seek SBA financial assistance through their real estate holding affiliates. SBA also intends to propose rules, analogous to those in its section 7(a) Certified Lenders Program, to expedite the processing of loans made to small businesses by Certified Development Companies. SBA is presently in the midst of program-wide revisions to its regulations governing Small Business Investment Companies (SBICs). These revisions are designed to make the SBIC program more responsive to the needs of the financial marketplace. Several of these rules have already been finalized, including regulations creating a new form of leverage as well as other changes in SBA's administration of the SBIC Program. Another rule yet to be promulgated would eliminate, for nonleveraged SBICs, certain regulatory requirements no longer needed for protection of SBA's creditor position. SBA plans to review and improve its documentation and procedures for the section 7(a) and Disaster Loan programs. These improvements may well lead to regulatory changes, as well as revisions to existing standard operating procedures. Another major objective will be efforts to eliminate any unnecessary regulatory burdens that inhibit the growth and productivity of small business. To this end, SBA continues to undertake broad-based periodic reviews of its existing programs to identify regulations that are overly complicated or unduly burdensome or that create other impediments to economic growth in the small business sector. As a result of this review process, SBA has decided to modify key rules in several programs. It has already taken action to amend its media or ``opinion molder'' rule to permit applicants engaged in media or media- related industries to receive financial assistance from SBA. In addition to simplifying enforcement efforts, this revision is intended to promote job growth and economic development by making financial assistance available to a larger number of small businesses. SBA is contemplating several wide-ranging revisions to its rules governing the section 8(a) program. Chief among these is a rulemaking, abstracted below, designed to attune the section 8(a) program more closely to the realities of the commercial environment in which it is intended to operate. Under the proposal, restrictions on self-marketing would be lessened, and the capacity of section 8(a) firms to raise capital would be increased by permitting owners to pledge their interests in such firms as collateral without adversely affecting their eligibility status. SBA will publish a rulemaking, abstracted below, to clarify Agency policy with respect to its Small Business Development Center Program and to establish a framework for its effective and efficient operation. SBA will also initiate several rulemakings to update and to simplify the size standards governing eligibility to participate in a broad range of SBA programs, including those in which Government procurements are set aside for competition by small business. One such rule would simplify the size determination process by reducing significantly the number of size standards employed to determine an entity's size status. In its role as advocate for small business, SBA continues to monitor vigilantly and seek enforcement of the Regulatory Flexibility and Paperwork Reduction Acts as they impact upon small business. SBA also has commenced a project with the Office of Information and Regulatory Affairs to encourage Federal agencies to engage in a serious effort to reduce the burdens imposed by Government regulations on small business. Forums attended by senior representatives of six Federal agencies were held in March and in July 1994. A number of industry-specific working groups established in conjunction with these forums are concentrating on improvements not only to the regulatory processes of the agencies involved, but also to specific regulations that are unduly burdensome for those industries. This effort is ongoing and should produce tangible benefits during fiscal year 1995. _______________________________________________________________________ SBA ___________________________________________________________ PROPOSED RULE STAGE ___________________________________________________________ 194. SMALL BUSINESS DEVELOPMENT CENTERS Legal Authority: PL 96-302; PL 98-395; PL 103-81 CFR Citation: 13 CFR 129 Legal Deadline: None Abstract: Comprehensive regulations governing the Small Business Development Center Program. Statement of Need: The SBDC program creates a partnership between SBA and organizations operating the SBDC networks for the provision of business development and technical assistance to small businesses in order to promote growth, expansion, innovation, increased productivity and improvements in management. The SBDC program has been operating under direct statutory authority without regulations. SBA is proposing these regulations to establish a framework for its effective and efficient operation. Many of the provisions set forth in this proposed rule are contained in or have arisen from legislative enactments or formalize current procedures used since the program's inception in 1980. Summary of the Legal Basis: The SBDC program is administered pursuant to section 21 of the Small Business Act. Public Law 102-366, the Small Business Credit and Business Opportunity Enhancement Act of 1992, prohibited SBA from issuing any rules for the SBDC program prior to submission and approval by Congress. Public Law 103-81, enacted on August 13, 1993, removed this prohibition. Alternatives: This rulemaking codifies existing SBA practice and procedure. Anticipated Costs and Benefits: This is a statutorily mandated program the costs of which are reflected in the annual appropriation. It is intended to provide aid to a broad spectrum of small businesses. Benefits from the provision of such assistance will accrue to the general economy in the form of new jobs and increased tax revenues. Risks: This regulation addresses no risks to the public health and safety or to the environment. Timetable: _______________________________________________________________________ Action DFR Cite _______________________________________________________________________ NPRM 12/00/94 Small Entities Affected: Businesses, Organizations Government Levels Affected: Federal Agency Contact: Johnnie L. Albertson Associate Administrator for Small Business Development Centers Small Business Administration 409 Third Street SW. Washington, DC 20416 202 205-6766 RIN: 3245-AB17 _______________________________________________________________________ SBA 195. MINORITY SMALL BUSINESS AND CAPITAL OWNERSHIP DEVELOPMENT PROGRAM; ELIGIBILITY AND CONTRACTUAL ASSISTANCE Legal Authority: 15 USC 634(b)(6); 15 USC 636(j); 15 USC 637(a); 15 USC 637(d); PL 99- 661, sec 1207; PL 100-656; PL 101-37; PL 101-574 CFR Citation: 13 CFR 124 Legal Deadline: None Abstract: This rule is an amendment to the program regulations governing appeals of denials of program admission, graduation, and termination actions, and denials of requests for waiver of the requirement that, subject to certain conditions, an 8(a) contract must be performed by the contractor to which it was awarded. Statement of Need: This proposal amends several sections of SBA's regulations governing the section 8(a) Program, including restrictions on self-marketing; procedures for eligibility determination appeals, graduation and termination proceedings; use of ownership interests as collateral; receipt of contract awards in excess of a firm's support level and the methodology for valuating indefinite quantity, indefinite delivery contracts for complying with competition threshold requirements. Many of these revisions are required to attune the Program more closely to the realities of the commercial environment in which it must operate. Other revisions, concerning the eligibility status of concerns owned by community development corporations and criteria governing joint venture eligibility for small disadvantaged business set asides and evaluation preferences, are being implemented in response to statutes or court decisions. Summary of the Legal Basis: These regulations implement section 8(a) of the Small Business Act. The revision concerning program eligibility for firms owned by community development companies is authorized by Section 626(a)(2) of Public Law 97-35; that concerning joint venture eligibility is mandated by a court decision requiring SBA to exercise jurisdiction over such matters. Alternatives: The revisions proposed amend existing provisions of SBA's program regulations. Anticipated Costs and Benefits: This rulemaking is designed to effect programmatic changes in SBA's section 8(a) Program and will affect that sector of the small business community designated as socially and economically disadvantaged. As such, no costs, other than administrative, will be incurred by SBA. Benefits accruing to the targeted business community and to the economy in general include enhancement of program opportunities, the creation of jobs and increased tax revenues. Risks: The rulemaking addresses no risk to the public health and safety or to the environment. Timetable: _______________________________________________________________________ Action DFR Cite _______________________________________________________________________ NPRM 10/00/94 Small Entities Affected: Businesses Government Levels Affected: Federal Procurement: This is a procurement-related action for which there is a statutory requirement. There is no paperwork burden associated with this action.
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