Home

The Small Business Advocate
The May issue of The Small Business Advocate reports on the Chief Counsel’s visit to the People’s Republic of China and gives updates on Advocacy independence legislation and recent regulatory comments to DHS and Treasury.

Quarterly Indicators: The Economy and Small Business
Reflecting ongoing weakness, the U.S. economy grew 0.6 percent in first quarter 2008, mirroring the previous quarter, according to the just-released Quarterly Indicators: The Economy and Small Business.

Advocacy Commends the FCC’s Consideration of Regulatory Relief for Small Cable Operators
On April 25, 2008, The Office of Advocacy, U.S. Small Business Administration ("Advocacy") sent a letter to the Federal Communications Commission ("FCC" or "Commission") commending them for considering a proposal to grant regulatory relief to small cable providers.

Regulatory Alerts Item - Real Estate Settlement Procedures Act
On March 14, 2008, the Department of Housing and Urban Development (HUD) published a proposed rule on the Real Estate Settlement Procedures Act (RESPA). HUD proposes to simplify and improve the disclosure requirements for mortgage settlement costs under RESPA, to protect consumers from unnecessarily high settlement costs. Among other changes, the proposal standardizes the Good Faith Estimate (GFE) form to make it easier to use for shopping among settlement service providers. Comments are due on May 13, 2008.

Human Capital and Women’s Business Ownership
Self-employed women differ from their wage and salary earning counterparts in several human capital areas, according to a report, Human Capital and Women’s Business Ownership, released by Advocacy. Most notably, self-employed women tend to be older, are better educated, and have more managerial experience than wage and salary earners.

Self-Employed Women Differ From Their Wage And Salary Earning Counterparts
Self-employed women differ from their wage and salary earning counterparts in several human capital areas, according to a report, Human Capital and Women’s Business Ownership, released by Advocacy. Most notably, self-employed women tend to be older, are better educated, and have more managerial experience than wage and salary earners.

Advocacy Recommends That DHS Adopt Small-Business Friendly Approach to “No-Match” Rule
On April 25, 2008, the U.S. Small Business Administration’s Office of Advocacy (Advocacy) submitted comments to the Department of Homeland Security (DHS) on DHS' Supplemental Proposed Rule on Safe-Harbor Procedures for Employers Who Receive a No-Match Letter (“No-Match” rule). Advocacy’s letter recommends that DHS consider alternatives that will reduce the costs and impacts of the rule on small entities.

Chief Counsel Strongly Supports The “Independent Office of Advocacy and Small Business Regulatory Reform Act of 2008”
Chief Counsel for Advocacy Thomas M. Sullivan today announced his strong support for the recently introduced “Independent Office of Advocacy and Small Business Regulatory Reform Act of 2008.” U.S. Senators Olympia Snowe (R-ME) and Mark Pryor (D-AR) co-sponsored the bill.

Advocacy Recommends that DOT Provide Additional Small Business Impact Information on Passenger Vessel ADA Rule
On April 23, 2008, the Office of Advocacy (Advocacy) filed a comment letter with the Department of Transportation (DOT) on their Notice of Proposed Rulemaking on Transportation for Individuals with Disabilities.

Characterization and Analysis of Small Business Energy Costs
Small firms are hardest hit by rising energy costs, according to a study, Characterization and Analysis of Small Business Energy Costs, released today by the Office of Advocacy of the U.S. Small Business Administration. The small manufacturing and small commercial sectors top the list of burdened industries, on an energy cost per value of industry shipments and an energy cost per sales basis.

Small Firms Hit Hardest By Rising Energy Costs
Small firms are hardest hit by rising energy costs, according to a study, Characterization and Analysis of Small Business Energy Costs, released today by the Office of Advocacy of the U.S. Small Business Administration. The small manufacturing and small commercial sectors top the list of burdened industries, on an energy cost per value of industry shipments and an energy cost per sales basis.

Regulatory Alerts Item - Federal Acquisition Regulation; Socioeconomic Program Parity
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils)are proposing to amend the Federal Acquisition Regulation to ensure that the FAR clearly reflects SBA's interpretation of the Small Business Act and SBA's interpretation of its regulations with regard to the order of precedence that applies when deciding whether to satisfy a requirement through an award to a small business, a HUBZone small business concern, a service-disabled veteran-owned small business (SDVOSB) concern or a small business participating in the 8(a) Business Development Program (8(a) Program). In general,there is no order of precedence among the 8(a), HUBZone, or SDVOSB Programs. Comments are due by May 9, 2008.

Changes in Family Health Insurance Coverage for Small and Large Firm Workers and Dependents: Evidence from 1995 to 2005
Couples tend to use the health care coverage of the large-firm employed spouse. That is a central finding of a study, Changes in Family Health Insurance Coverage for Small and Large Firm Workers and Dependents: Evidence from 1995 to 2005, released today by the Office of Advocacy of the U.S. Small Business Administration.

Small Firm Workers Pick Large Firm Benefits
Couples tend to use the health care coverage of the large-firm employed spouse. That is a central finding of a study, Changes in Family Health Insurance Coverage for Small and Large Firm Workers and Dependents: Evidence from 1995 to 2005, released today by the Office of Advocacy of the U.S. Small Business Administration.

Regulatory Review and Reform (r3) Top 10 Rules, 2008
On February, 28, 2008, Advocacy announced the 2008 Top 10 Rules for Review and Reform. The Top 10 are drawn from over 80 rules nominated by small business owners and their representatives as part of the Regulatory Review and Reform (r3) initiative. The 2008 Top 10 Rules for Review and Reform are listed in the Report on the Regulatory Flexibility Act (RFA), FY 2007.

Annual Report on the Regulatory Flexibility Act (FRA), FY 2007
The FY 2007 annual report to the Congress and the President on implementation of the RFA and Executive Order 13272 features a special section on Advocacy’s r3 initiative including information about the top ten r3 nominations for 2008. In FY 2007, Advocacy involvement in agency rulemakings helped secure $2.6 billion in first-year cost savings and $285 million in recurring annual savings for small entities

Advocacy Announces The Top 10 Rules For Review And Reform
The Office of Advocacy today announced the 2008 Top 10 Rules for Review and Reform. The Top 10 are drawn from over 80 rules nominated by small business owners and their representatives as part of the Regulatory Review and Reform (r3) initiative. The recommendations have been transmitted to the appropriate federal agencies for their action.

Advocacy Supports the SEC’s Sarbanes-Oxley Compliance Relief and Cost Benefit-Study on Section 404 for Smaller Public Companies
On February 25, 2008, the Office of Advocacy (Advocacy) sent a letter to the U.S. Securities and Exchange Commission applauding its proposed rule Internal Control Over Financial Reporting In Exchange Act; Periodic Reports of Non-Accelerated Filers. In the rule the Securities and Exchange Commission proposed a one-year extension of Section 404(b) of the Sarbanes-Oxley Act of 2002 for smaller public companies and is commencing a study on the impact of Section 404 on these entities.

Evaluation of Barrier Removal Costs Associated with the 2004 Americans with Disabilities Act (ADA) Accessibility Guidelines
On November 29, 2007, the Office of Advocacy, U.S. Small Business Administration, submitted the report Evaluation of Barrier Removal Costs Associated with the 2004 Americans with Disabilities Act (ADA) Accessibility Guidelines, prepared by E. H. Pechan and Associates, Inc., to the U.S. Department of Justice, Civil Rights Division.

EPA TRI Reform Rewards Environmental Stewards
The Environmental Protection Agency’s (EPA) Toxics Release Inventory (TRI) reform will reward the nation’s small business environmental stewards, according to testimony by Chief Counsel for Advocacy Thomas M. Sullivan. Sullivan said that the incentive of using a shorter form and less burdensome analysis would encourage small businesses to recycle hazardous chemicals, rather than discharge them into the environment.

Review and Analysis of the Effect of EPA’s Toxics Release Inventory (TRI) Phase II Burden Reduction Proposal on Tri Data Uses
The Emergency Planning and Community Right-to-Know Act of 1986 requires certain facilities to report the quantities of routine and accidental releases of certain chemicals each calendar year. Information from the Toxics Release Inventory (TRI) is widely used by both the public, and local, state, and federal regulators. A December 2006 EPA reform of TRI reporting requirements reduced the burden on covered facilities with low release levels and low waste management activity. This report analyzes how this burden reduction effort affects a wide range of identified TRI data uses and concludes that, given the specific limited changes, the December 2006 burden reduction rule had no significant effect on the use of TRI data.

SEC Should Reconsider Sarbanes-Oxley Extensions For Small Business
On May 25, 2007, the Office of Advocacy of the Small Business Administration (SBA) sent a letter to the Securities and Exchange Commission (SEC), praising SEC Commissioners Paul Atkins and Kathleen Casey for their willingness to reconsider the SEC decision not to extend the deadline for small public firm compliance with section 404 of the Sarbanes-Oxley Act. Advocacy wrote to the commissioners in the wake of the SEC’s decision not to grant postponement of deadlines for public firms with less than $75 million in market value.