The Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), amends the Regulatory Flexibility Act (RFA), 5 U.S.C., 601 et seq, to require federal agencies to establish policies and programs making their regulations more understandable to small businesses. In addition, SBREFA requires the following: (1) judicial review of the Regulatory Flexibility Act; (2) preparation by Federal agencies of "Plain English" compliance guides to assist small entities in their efforts to comply with Federal regulations; (3) an Ombudsman to be established by the Small Business Administration (SBA), who will receive comments and complaints from small businesses concerning their experiences in dealing with Federal regulatory agencies; and (4) Regional Small Business Regulatory Fairness Boards, also to be established by the Small Business Administration, to review comments on Federal agency enforcement practices and make recommendations to the SBA Administrator and the head of affected agencies concerning those practices.

The Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) requires Federal agencies to make available a compliance guide to small businesses explaining government regulations which impact small businesses, and provide assistance on the implementation of regulations and directives. The Department of Energy's Office of Small and Disadvantaged Business Utilization's Ombudsman serves as a resource for small businesses inquiring about issues pertaining to (SBREFA) and/or the Department's rules and regulations.  Small businesses may contact the Department of Energy's Office of Small and Disadvantaged Utilization, or it's Ombudsman, to find out how SBREFA applies to specific small business concerns.

The Ombudsman can be reached by contacting:

Sterling Nichols, Jr.
Ombudsman
Office of Small and Disadvantaged Business Utilization
Rm 5B-148
1000 Independence Avenue S.W.
Washington, D.C. 20585
(202) 586 - 5000

Department of Energy's Non-Retaliation Policy

The Department of Energy is fully committed to fair regulatory enforcement practices, supports the right of the regulated community to raise concerns about regulatory enforcement actions without fear or retaliation, and will investigate any allegations of retaliation and take appropriate corrective action to avert further incidents. The Department of Energy seeks to foster a climate that encourages small business concerns participation in seeking contract opportunities, and to that end, small businesses are free to raise concerns, without fear of retaliation or reprisal, regarding policies and practices related to procurement concerns or doing business with the Department.

The Department will investigate any allegation of retaliation or complaint that is referred to the Office of Small and Disadvantaged Business Utilization.

For additional information concerning the Small Business Regulatory Enforcement Fairness Act (SBREFA), a list of agency contacts may be found on the Small Business Administration's Office of the National Ombudsman's (SBA/ONO) website: www.sba.gov/ombudsman. 

Small businesses may choose to contact the SBA/ONO directly by calling 1-888-REG-FAIR (1-888-734-3247), or visiting the Ombudsman's website.