{
  "id": "RL34355",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL34355",
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      "id": 413153,
      "date": "2011-02-22",
      "retrieved": "2016-04-07T01:04:07.448315",
      "title": "The Regulatory Flexibility Act: Implementation Issues and Proposed Reforms",
      "summary": "The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. \u00a7\u00a7601-612) requires federal agencies to assess the impact of their forthcoming regulations on \u201csmall entities\u201d (i.e., small businesses, small governments, and small not-for-profit organizations). For example, the act requires the analysis to describe why a regulatory action is being considered; the small entities to which the rule will apply and, where feasible, an estimate of their number; the projected reporting, recordkeeping, and other compliance requirements of the rule; and any significant alternatives to the rule that would accomplish the statutory objectives while minimizing the impact on small entities. This analysis is not required, however, if the head of the agency certifies that the rule will not have a \u201csignificant economic impact on a substantial number of small entities.\u201d The RFA does not define \u201csignificant economic impact\u201d or \u201csubstantial number of small entities,\u201d thereby giving federal agencies substantial discretion regarding when the act\u2019s requirements are triggered. Other requirements in the RFA and elsewhere (e.g., that agencies reexamine their existing rules, develop compliance guides, and convene advocacy review panels) also depend on the whether the agencies determine that their rules have a \u201csignificant\u201d impact on a \u201csubstantial\u201d number of small entities.\nGAO has examined the implementation of the RFA many times during the past 20 years, and has consistently concluded that the lack of clear definitions for key terms like \u201csignificant economic impact\u201d and \u201csubstantial number of small entities\u201d have hindered the act\u2019s effectiveness. Therefore, GAO has repeatedly recommended that Congress define those terms, or give the Small Business Administration or some other federal agency the authority and responsibility to do so.\nIn the 112th Congress, H.R. 527, the Regulatory Flexibility Improvements Act of 2011, proposes to (among other things) define \u201ceconomic impact\u201d as including indirect effects that are \u201creasonably foreseeable,\u201d and require the chief counsel for advocacy of the Small Business Administration to issue rules governing agency compliance with the RFA. The bill would also broaden the definition of a covered rule, and would expand the use of advocacy review panels before proposed rules are published. \nThis report will be updated as events warrant.",
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      "topics": [
        {
          "source": "IBCList",
          "id": 2636,
          "name": "Small Business Policy"
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    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc818647/",
      "id": "RL34355_2008Feb12",
      "date": "2008-02-12",
      "retrieved": "2016-03-19T13:57:26",
      "title": "The Regulatory Flexibility Act: Implementation Issues and Proposed Reforms",
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  "topics": [
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}