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The Enforcers The RFA is no longer something to be ignored.

By Stephen Barlas

Opinions expressed by BIZ Experiences contributors are their own.

It's too early to tell whether President Bush's recentexecutive order and OSHA's creation of a small-business officewill prove to be wellsprings of regulatory relief.

The president's mid-August order calls for the Office ofManagement and Budget to make sure federal agencies take the22-year-old Regulatory Flexibility Act (RFA) seriously. That lawsays federal agencies must consider the impact their rules have onsmall businesses. Of course, the Small Business Regulatory andEnforcement Fairness Act (SBREFA), passed in 1996, had the samegoal-but Claudia Rayford-Rodgers, senior counsel for the SBA'sOffice of Advocacy, argues that the executive order will be moreeffective.

The order requires all federal agencies to submit RFA complianceplans to the Office of Advocacy within 90 days and publish thoseplans within 180 days. The agencies must give "appropriateconsideration" to advocacy's input. The term"appropriate consideration" is undefined. Some agencies,such as the EPA, already have well-developed RFA-complianceplans.

OSHA's decision to create a new Office of Small Business twoweeks after the Bush executive order wasn't really a sign oftaking the order to heart, but it was promising nonetheless. Thesmall-business office will house the existing state consultationprogram and an outreach effort.


Stephen Barlas is a freelance business reporter who coversthe Washington beat for 15 magazines.

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