In Limbo

The SBREFA contained several provisions, such as the Congressional Review Act (CRA). The act was supposed to make it easier for Congress to void any new federal regulations considered overly burdensome by allowing the Senate to pass a resolution of disapproval with a majority vote of 51; there can be no filibuster. The House would also need a majority vote to pass a similar resolution.

However, few, if any, CRA resolutions of disapproval have been introduced in Congress since the SBREFA's passage. And that's not for lack of opportunity--nearly 5,000 new regulations have been passed since 1995.

McCracken believes Congress has not objected to regulations because they aren't aware of how these regulations are affecting small business. Rep. Sue Kelly (R-NY) has introduced the Congressional Office of Regulatory Analysis (CORA) Creation Act (H.R. 1704). CORA would do regulatory analysis for Congress, enabling them to challenge federal agency rationale and decision-making.

CORA is in the Capitol Hill deep freeze, however. It has been referred to two House committees. There are no Democratic co-sponsors in the House and no companion Senate bill.

This article was originally published in the December 1997 print edition of Entrepreneur with the headline: In Limbo.