SBREFASmall Business Regulatory Enforcement Fairness Act
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While pursuant to SBREFA, courts have overturned regulations that fail to consider impacts on small business, (96) agencies have successfully defended regulations that ignore the RFA requirements if the regulation's effects on small entities are considered to be "indirect.
The extension of SBREFA review panels to the IRS would promote and complement other reform efforts underway at that agency.
The same is true of SBREFA panels convened by OSHA or the EPA.
Action Requested: NAA/NMHC urge Congress to strengthen the implementation of the Regulatory Flexibility Act and SBREFA by providing the Small Business Administration with clearer authority to interpret the implementation of the Regulatory Flexibility Act's provisions and develop criteria which can be used by federal rulemakers in evaluating whether a rule has a "significant economic impact on a substantial number of small entities.
Under SBREFA, the SBA Administrator is required to appoint 10 small business regulatory fairness boards.
OSHA noted it has collected information, convened a SBREFA panel and completed the SBREFA report, in addition to completing a scientific peer review of its draft risk assessment.
7, 1996) (statement of Senator Bond in support of scheduling a vote on the 1996 SBREFA amendments to the RFA, concluding that, "[r]egulatory agencies have routinely ignored the impact on small business.
Disappointingly, however, agencies are not obeying SBREFA in this regard.
SBREFA also contains provisions commonly referred to as the "Congressional Review Act," which (among other things) requires agencies to delay the effective date of "major" rules, and requires GAO to submit a report on those rules within fifteen days of their issuance.
spoke on behalf of the industry during the SBREFA hearing.
HUD's May 21, 1998, Federal Register notice of its SBREFA implementation plan specifically fails to mention its fair housing and Section 8 programs, two areas where the multifamily housing industry has identified a number of ambiguities in HUD's regulations and guidance.
The overall effectiveness of SBREFA would be further enhanced if the Fairness Boards would encourage agencies to incorporate state and local regulatory requirements into their guidance documents.