Comparing the Treasury RFA certification and what the Small Business Administration requires

Monte Silver
By Monte Silver

The Regulatory Flexibility Act requires all federal agencies to conduct a detailed analysis to examine the impact of regulations on small businesses.  

The only way to get around this analysis is by having the head of the agency (Secretary Mnuchin in this case) certify that the regulation will not have an impact on small businesses.  And if the agency so certifies, the law requires that such certification be backed by detailed facts and analysis.  See 5 USC 605(b)

Here is the document that the Small Business Adminstration prepared for agencies.  20 pages of the document describe the level of analysis required before an agency. See pages 11-30 https://cdn.advocacy.sba.gov/wp-content/uploads/2019/06/21110349/How-to-Comply-with-the-RFA.pdf

This is what the actual Treasury certification looked like. 

https://drive.google.com/file/d/1ViwXRRgmwQujiV3HK-25KDDcMI53hsN5/view?usp=sharing

Hmmmmm.................