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Regulatory Reform: Implementation of the Small Business Advocacy Review Panel Requirements

GGD-98-36 Published: Mar 18, 1998. Publicly Released: Mar 18, 1998.
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Highlights

Pursuant to a congressional request, GAO reviewed the Environmental Protection Agency's (EPA) and the Occupational Safety and Health Administration's (OSHA) implementation of the Small Business Regulatory Enforcement Fairness Act's (SBREFA) advocacy review panel requirements, focusing on: (1) whether EPA and OSHA had applied the advocacy review panel requirements to all rules that they proposed between June 28, 1996, and June 28, 1997, that may have a significant economic impact on a substantial number of small entities; (2) whether the EPA and OSHA panels, the regulatory agencies themselves, and SBA's Chief Counsel for Advocacy followed the statute's procedural requirements for panels convened between June 28, 1996, and November 1, 1997, and whether there were differences among the panels in how the statute's requirements were implemented; (3) the changes, if any, that EPA and OSHA made to notices of proposed rulemaking as a result of the panels' recommendations; and (4) any suggestions that EPA and OSHA agency officials and small entity representatives may have regarding how the advocacy review panel process could be improved.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
If Congress wishes to clarify and strengthen the implementation of the Regulatory Flexibility Act (RFA) and SBREFA, it should consider providing SBA or another entity with clearer authority and responsibility to interpret the RFA's provisions on a governmentwide basis.
Closed – Implemented
On May 9, 2001, Senator Bond introduced S. 849, part of which required the Chief Counsel for Advocacy within the Small Business Administration to promulgate regulations within 18 months to define the terms "significant economic impact" and "substantial number of small entities."
Congress could consider establishing, or requiring SBA or another entity to develop, governmentwide criteria defining the phrase "significant economic impact on a substantial number of small entities." Those criteria should specify whether the establishment of regulatory standards by a federal agency should be separated from their implementation requirements imposed by other entities for the purposes of the RFA and SBREFA.
Closed – Implemented
On May 9, 2001, Senator Bond introduced S.849, part of which required the Chief Counsel for Advocacy within the Small Business Administration to promulgate regulations within 18 months to define the terms "significant ecomomic impact" and "substantial number of small entities."

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Topics

Administrative lawAdvisory committeesAgency proceedingsEconomic analysisFederal regulationsProposed legislationRegulatory agenciesReporting requirementsSmall business assistanceFederal rulemaking