Small Business Regulatory Enforcement Fairness Act of 1996

TABLE OF CONTENTS:

Title I: Regulatory Compliance Simplification

Title II: Regulatory Enforcement Reforms

Title III: Equal Access to Justice Act Amendments

Title IV: Regulatory Flexibility Act Amendments

Small Business Regulatory Enforcement Fairness Act of 1996 - Title I: Regulatory Compliance Simplification - States that for each rule or group of related rules for which an agency is required to prepare a final regulatory flexibility analysis, the agency shall publish one or more guides to assist small entities (businesses) in complying. Designates such publications as small entity compliance guides. Requires such guides to be provided through a single source of information. Limits judicial review with respect to the designation of such guides.

(Sec. 103) Provides that, whenever appropriate, it shall be the practice of the agency to answer inquiries by small entities concerning information on and advice about compliance with statutes and regulations. Requires each agency to establish a program for issuing such guidance.

(Sec. 104) Amends the Small Business Act to require small business development centers to provide assistance to small businesses concerning regulatory requirements and to develop informational publications and programs which assist such small businesses.

(Sec. 105) Requires manufacturing technology centers and other similar centers administered by the National Institute of Standards and Technology to provide such assistance and develop such publications and programs.

Title II: Regulatory Enforcement Reforms - Requires the Small Business Administration (SBA) to designate a Small Business and Agriculture Regulatory Enforcement Ombudsman to: (1) ensure that small businesses that receive an audit, inspection, or other enforcement action are given a confidential means to comment on and rate the performance of such enforcement personnel; (2) establish means to solicit and receive comments from small businesses regarding enforcement actions; and (3) report annually to the Congress on such comments.

Directs the SBA to establish a Small Business Regulatory Fairness Board (Board) in each SBA regional office. Requires each Board to meet at least annually and report to the Ombudsman on instances of excessive enforcement actions taken against small businesses.

(Sec. 202) Requires each agency regulating the activities of small entities to establish a policy or program to provide for the reduction and possible waiver of civil penalties for violations of a statutory or regulatory requirement by a small entity.

Title III: Equal Access to Justice Act Amendments - Amends Federal provisions concerning administrative and judicial proceedings to: (1) increase from $75 to $125 the authorized hourly rate of attorney's fees that may be awarded in such proceedings; and (2) include small entities as authorized parties with respect to claims in an adversary adjudication.

Title IV: Regulatory Flexibility Act Amendments - Requires each agency that publishes an initial regulatory flexibility analysis with respect to a proposed rule to prepare a final regulatory flexibility analysis after such rule is published, containing specified information, including the need for and objectives of the rule and its possible reporting, recordkeeping, and other effects on small entities.

(Sec. 402) Revises judicial review procedures for small entities adversely affected or aggrieved by agency regulatory actions or requirements.

(Sec. 404) Revises procedures concerning the gathering of comments on regulatory rules to allow the solicitation and reception of comments over computer networks. Provides that, prior to publication of an initial or final regulatory flexibility analysis of a rule, an agency shall provide, through the Chief Counsel for Advocacy of the SBA, notice and information to small entities concerning the potential impacts of such rule. Requires the agency to convene a review panel to review the rule, collect advice and recommendations from small entities identified to be affected by such rule, and report on such comments and other issues raised. Requires such report to be made public as part of the rulemaking record.

Requires the head of each agency that has conducted a final regulatory flexibility analysis to designate a small business advocacy chairperson to be responsible for implementing this section and to act as permanent chair of the agency's review panels established under this section.