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Tailoring Regulation to the Regulated: The U.S. Regulatory Flexibility Act

  • William J. Dennis
Chapter
Part of the International Studies in Entrepreneurship book series (ISEN, volume 20)

Abstract

Many consider regulatory relief for small business and implementing regulatory objectives a zero-sum game. The U.S. Regulatory Flexibility Act (RFA) of 1980 directly challenges the zero-sum game proposition by requiring regulatory agencies to search for non-zero-sum solutions for regulations having a significant impact on a substantial number of small businesses. This presentation evaluates the Regulatory Flexibility Act, concluding that results have been increasingly positive over time. Yet, the lack of formal measurement, reduced through continuing bureaucratic resistance, and a perceived need for additional legislative modification cloud the generally favorable assessment.

Keywords

Small Business Small Firm Executive Order Regulatory Reform Regulatory Flexibility 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. Bradford, CS (2004) Does Size Matter? An Economic Analysis of Small Business Exemptions from Regulation. J Small Emerging Bus L. 8:1–37Google Scholar
  2. Brock, WA, Evans DS (1985) The Economics of Regulatory Tiering. Rand J Econ. 16:3 398–409CrossRefGoogle Scholar
  3. Brock, WA, Evans DS (1986) The Economics of Small Businesses: Their Role and Regulation in the U.S. Economy. Holmes & Meier, New YorkGoogle Scholar
  4. Crain, WM (2005) The Impact of Regulatory Costs on Small Firms. Contract SBAHQ-03-M-0522, Office of Advocacy, U.S. Small Business Administration, WashingtonGoogle Scholar
  5. Crain, WM, Hopkins TD (2001) The Impact of Regulatory Costs on Small Firms. Contract SBAHQ-00-R-0027, Office of Advocacy, U.S. Small Business Administration, WashingtonGoogle Scholar
  6. Francis WJ, Joensen, MA (2001) An Evaluation of Compliance with the Regulatory Flexibility Act by Federal Agencies, Contract SBAHQ-99-C-0011, Office of Advocacy, U.S. Small Business Administration, WashingtonGoogle Scholar
  7. Gates, SM, Leuschner, KJ (eds) (2007) In the Name of Entrepreneurship? The Logic and Effects of Special Regulatory Treatment for Small Businesses. Rand Corporation, Santa Monica, CAGoogle Scholar
  8. Glover, J (2007) Chief Counsel for Advocacy (1994–2000), Office of Advocacy, U.S. Small Business Administration. Currently, Executive Director of the Small Business Technology Coalition. Interview with author.Google Scholar
  9. Hahn, RW (2004) The Economic Analysis of Regulation: A Response to the Critics. Univ Chic Law Rev. 71:1021–1054Google Scholar
  10. Holman, KW (2006) The Regulatory Flexibility Act at 25: Is the Law Achieving Its Goal? Fordham Urban Law J. 33:1119–1137Google Scholar
  11. Hopkins, TD (1995) A Survey of Regulatory Burdens. Contract SBA-8029-OA-93. Office of Advocacy U.S. Small Business Administration, WashingtonGoogle Scholar
  12. Langer, A (2007) Senior Manager, Regulatory Affairs, National Federation of Independent Business, Testimony Before the Committee on Small Business, U.S. House of Representatives, December 12Google Scholar
  13. McGibbon, SC (2007) Deputy Chief Counsel, Office of Advocacy, U.S. Small Business Administration. Interview and correspondence with the author.Google Scholar
  14. McKevitt, JD (1977). Washington Counsel, National Federation of Independent Business, Testimony Before the Administrative Practices Subcommittee of the U.S. Senate Judiciary Committee, October 7Google Scholar
  15. Morrison, J (2007) Staff Member, Senate Small Business Committee (1976–1980). Currently, President of the Small Business Exporters’ Association. Interview with the author.Google Scholar
  16. Parker, RW (2003) Grading the Government. Univ Chic Law Rev. 70:1345–1486CrossRefGoogle Scholar
  17. Pierce, RJ, Jr (1998) Small Is Not Beautiful: The Case Against Special Regulatory Treatment of Small Firms. Adm Law Rev. 50:537–578Google Scholar
  18. Phelps, ED (2001) The Clever Cunning Bureaucrats: Why the Small Business Regulatory Enforcement Act Isn’t Working. Pub. Cont. L. J., 31:123–142Google Scholar
  19. Sargentich, TO (1997) The Small Business Regulatory Enforcement Act. Adm Law Rev. 49:23–137Google Scholar
  20. See, MR (2006) Willful Blindness: Federal Agencies’ Failure to Comply with the Regulatory Flexibility Act’s Periodic Review Requirement – and Current Proposals to Invigorate the Act. Fordham Urban Law J. 33:1199–1255Google Scholar
  21. Skrzycki, C (2008) Top 10 Rules the SBA Doesn’t Like, The Washington Post, March 11, p. D2Google Scholar
  22. Sullivan, TM (2007a) Chief Counsel for Advocacy (2001), Testimony Before the Committee on Small Business, U.S. House of Representatives, December 6, www.sba.gov/advo/laws/test07_1206.html
  23. Sullivan, TM (2007b) Chief Counsel for Advocacy (2001), Office of Advocacy, U.S. Small Business Administration, interviews with the author.Google Scholar
  24. U.S. Government Accountability Office (2006) Regulatory Flexibility Act: Congress Should Revisit and Clarify Elements of the Act to Improve Its Effectiveness (GAO-06-998T), Testimony of J. Christopher Mihm before the Subcommittee on Commercial and Administrative Law, Committee on the Judiciary, U.S. House of Representatives. July 20Google Scholar
  25. U.S. Regulatory Council (1981) Tiering Regulations: A Practical Guide. U.S. Regulatory Council, WashingtonGoogle Scholar
  26. U.S. Small Business Administration, Office of Advocacy (2003) A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act. U.S. Small Business Administration, Office of Advocacy, WashingtonGoogle Scholar
  27. U.S. Small Business Administration, Office of Advocacy (2006) Report on the Regulatory Flexibility Act, FY 2005. U.S. Small Business Administration, Office of Advocacy, WashingtonGoogle Scholar
  28. U.S. Small Business Administration, Office of Advocacy (2007) Report on the Regulatory Flexibility Act, FY 2006. U.S. Small Business Administration, Office of Advocacy, WashingtonGoogle Scholar
  29. U.S. White House Commission on Small Business (1980) America’s Small Business Economy: Agenda for Action. U.S. White House Commission on Small Business, WashingtonGoogle Scholar
  30. Verkuil, PR (1982) A Critical Guide to the Regulatory Flexibility Act. Duke Law J. 1982:213–276CrossRefGoogle Scholar
  31. Weidenbaum, M (1997) Regulatory Process Reform: From Ford to Clinton. Regulation 20:1–7Google Scholar
  32. Ziegler, H (1979) The Politics of Small Business. Arno Press, New YorkGoogle Scholar

Copyright information

© Springer Science+Business Media, LLC 2009

Authors and Affiliations

  1. 1.NFIB Research FoundationWashingtonUSA

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