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The December-January 2009 edition of The Small Business Advocate looks ahead to the new Congress and highlights employment law changes, as well as new research on immigrant entrepreneurs and small business innovation.

On December 17, 2008, the Office of Advocacy (Advocacy) filed comments with the Centers for Medicare and Medicaid Services (CMS) asking that the agency do a better job analyzing the economic impacts of the FY 2009 Payment for Certain Durable Medical Equipment final rule on small oxygen suppliers.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are seeking comments from both Government and industry on whether the Federal Acquisition Regulation (FAR) should be revised to include a requirement that contractors selling information technology (IT) products (including computer hardware and software) represent that such products are authentic. The Councils are also interested in comments regarding contractor liability if IT products sold to the Government, by contractors, are not authentic. Additionally, the Councils are seeking comments on whether contractors who are resellers or distributors of computer hardware and software should represent to the Government that they are authorized by the original equipment manufacturer (OEM) to sell the information technology products to the Government. Finally, the Councils invite comments on (1) whether the measures contemplated above should be extended to other items purchased by the Government; and (2) whether the rule should apply when information technology is a component of a system or assembled product. Comments are due January 20, 2009.

On December 8, 2008, the U.S. Small Business Administration's (SBA’s) Office of Advocacy (Advocacy) submitted comments to United States Trade Representative on their November 6, 2008, notice entitled "Review of Action Taken in Connection with WTO Dispute Settlement Proceedings on the European Communities’ Measures Concerning Meat and Meat Products."

The Environmental Protection Agency (EPA) is proposing effluent limitations guidelines (ELGs) and new source performance standards (NSPS) to control the discharge of pollutants from construction sites, that would require construction sites to implement a range of erosion and sediment control measures to control pollutants in stormwater discharges. Construction sites disturbing ten or more acres at a time would also be required to install sediment basins to treat their stormwater discharges; stormwater discharges from construction sites 30 acres or larger, located in areas of the country with high rainfall intensity and soils with a high clay content, would be required to meet a numeric limit on the allowable level of sediment in the water. The proposed rule is intended to work in concert with existing state and local programs, adding a technology-based "floor" that establishes minimum requirements that would apply nationally. The comment deadline is February 26, 2009.

On November 28, 2008, the Office of Advocacy (Advocacy) submitted a comment letter to the U.S. Environmental Protection Agency (EPA), discussing Advocacy’s concerns with EPA’s Advance Notice of Proposed Rulemaking (ANPR), “Regulating Greenhouse Gas Emissions under the Clean Air Act.”

On December 1, 2008, the U.S. Small Business Administration's (SBA’s) Office of Advocacy (Advocacy) submitted comments to Customs and Border Protection (CBP) and the Department of the Treasury on their Proposed Uniform Rules of Origin for Imported Merchandise Rule.

Small business continues to nominate federal rules in need of review and reform as the December 31 deadline approaches.

The Environmental Protection Agency’s recent actions reforming the Oil Spill Prevention, Control, and Countermeasure (SPCC) rule contains provisions that will benefit small business. The Office of Advocacy of the U.S. Small Business Administration is encouraged that the EPA listened to small business and included those provisions in the reformed rule.

On November 14, 2008, the Securities and Exchange Commission (SEC) issued a proposed roadmap for the potential use of financial statements prepared in accordance with International Financial Reporting Standards (IFRS). The proposed roadmap sets forth several milestones that, if achieved, could lead to the required use of the IFRS by US issuers in 2014 if the SEC believes it in the public interest. IFRS does not allow for the use of the last-in, first-out ("LIFO") method of accounting for inventory. Public comment on the SEC's proposed roadmap should be received by the SEC on or before February 19, 2009.

Small businesses are the innovators of the American economy as they obtain many more patents per employee than larger firms, according to a study, An Analysis of Small Business Patents by Industry and Firm Size, released today by the Office of Advocacy of the U.S. Small Business Administration.

Immigrant-owned businesses generate approximately 11.6 percent of all business income in the United States. Moreover, immigrants own 11.2 percent of businesses with $100,000 or more in sales and 10.8 percent of all businesses with employees. These figures are contained in a report, Estimating the Contribution of Immigrant Business Owners to the U.S. Economy, released by the Office of Advocacy of the U.S. Small Business Administration.

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.