Page:United States Statutes at Large Volume 110 Part 1.djvu/883

 PUBLIC LAW 104-121 —MAE. 29, 1996 110 STAT. 859 which regulates small entities, it shall be the practice of the agency to answer inquiries by small entities concerning information on, and advice about, compliance with such statutes and regulations, interpreting and applying the law to specific sets of facts supplied by the small entity. In any civil or administrative action against a small entity, guidance given by an agency applying the law to facts provided by the small entity may be considered as evidence of the reasonableness or appropriateness of any proposed fmes, penalties or damages sought against such small entity. (b) PROGRAM. —Each agency regulating the activities of small entities shall establish a program for responding to such inquiries no later than 1 year after enactment of this section, utilizing existing functions and personnel of the agency to the extent practicable. (c) REPORTING.— Each agency regulating the activities of small business shall report to the Committee on Small Business and Committee on Governmental Affairs of the Senate and the Committee on Small Business and Committee on the Judiciary of the House of Representatives no later than 2 years after the date of the enactment of this section on the scope of the agency's program, the number of small entities using the program, and the achievements of the program to assist small entity compliance with agency regulations. SEC. 214. SERVICES OF SMALL BUSINESS DEVELOPMENT CENTERS. (a) Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended— (1) in subparagraph (O), by striking "and" at the end; (2) in subparagraph (P), by striking the period at the end and inserting a semicolon; and (3) by inserting after subparagraph (P) the following new subparagraphs: "(Q) providing information to small business concerns regarding compliance with regulatory requirements; and "(R) developing informational publications, establishing resource centers of representatives, and distributing compliance guides published under section 312(a) of the Small Business Regulatory Enforcement Fairness Act of 1996.". (b) Nothing in this Act in any way affects or limits the ability of other technical assistance or extension programs to perform or continue to perform services related to compliance assistance. SEC. 215. COOPERATION ON GUIDANCE. Agencies may, to the extent resources are available and where appropriate, in cooperation with the States, develop guides that fully integrate requirements of both Federal and State regulations where regulations within an agency's area of interest at the Federal and State levels impact small entities. Where regulations vary among the States, separate guides may be created for separate States in cooperation with State agencies. SEC. 216. EFFECTIVE DATE. This subtitle and the amendments made by this subtitle shall take effect on the expiration of 90 days after the date of enactment of this subtitle.

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