I 

114TH CONGRESS 

1ST SESSION H. R. 3328 

To require Federal agencies to review certain rules and regulations, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2015 

Mr. COLLINS of New York (for himself, Mr. DENHAM, Mr. KATKO, and Mr. 

HANNA) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Small 

Business, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require Federal agencies to review certain rules and 

regulations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Business Regu5 latory Sunset Act of 2015’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 


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1 (1) the term ‘‘agency’’ has the meaning given 

2 the term in section 551 of title 5, United States 

3 Code; 

4 (2) the term ‘‘covered rule’’ means any rule or 

5 group of rules— 

6 (A) for which an agency is required to pre7 pare a regulatory flexibility analysis under sec8 tion 603 or 604 of title 5, United States Code; 

9 and 

10 (B) that is a major rule; 

11 (3) the term ‘‘major rule’’ has the meaning 

12 given the term in section 804 of title 5, United 

13 States Code; and 

14 (4) the terms ‘‘rule’’ and ‘‘small entity’’ have 

15 the meanings given those terms in section 601 of 

16 title 5, United States Code. 

17 SEC. 3. PERIODIC REVIEW OF PREEXISTING SMALL BUSI18 NESS REGULATIONS. 

19 Section 610 of title 5, United States Code, is amend20 ed to read as follows: 

21 ‘‘§ 610. Periodic review of rules 

22 ‘‘(a)(1) Not later than 180 days after the date of en23 actment of the Small Business Regulatory Sunset Act of 

24 2015, each agency shall establish a plan for the periodic 

25 review of— 


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1 ‘‘(A) each rule issued by the agency that the 

2 head of the agency determines has a significant eco3 nomic impact on a substantial number of small enti4 ties, without regard to whether the agency per5 formed an analysis under section 604 with respect to 

6 the rule; and 

7 ‘‘(B) any small entity compliance guide required 

8 to be published by the agency under section 212 of 

9 the Small Business Regulatory Enforcement Fair10 ness Act of 1996 (5 U.S.C. 601 note). 

11 ‘‘(2) In reviewing rules and small entity compliance 

12 guides under paragraph (1), the agency shall determine 

13 whether the rules and guides should— 

14 ‘‘(A) be amended or rescinded, consistent with 

15 the stated objectives of applicable statutes, to mini16 mize any significant adverse economic impacts on a 

17 substantial number of small entities (including an 

18 estimate of any adverse impacts on job creation and 

19 employment by small entities); or 

20 ‘‘(B) continue in effect without change. 

21 ‘‘(3) Each agency shall publish the plan established 

22 under paragraph (1) in the Federal Register and on the 

23 Web site of the agency. 

24 ‘‘(4) An agency may amend the plan established 

25 under paragraph (1) at any time by publishing the amendVerDate Sep 11 2014 06:22 Aug 04, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3328.IH H3328

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1 ment in the Federal Register and on the Web site of the 

2 agency. 

3 ‘‘(b) Each plan established under subsection (a) shall 

4 provide for— 

5 ‘‘(1) the review of each rule and small entity 

6 compliance guide described in subsection (a)(1) in 

7 effect on the date of enactment of the Small Busi8 ness Regulatory Sunset Act of 2015— 

9 ‘‘(A) not later than 9 years after the date 

10 of publication of the plan in the Federal Reg11 ister; and 

12 ‘‘(B) every 9 years thereafter; and 

13 ‘‘(2) the review of each rule adopted and small 

14 entity compliance guide described in subsection 

15 (a)(1) that is published after the date of enactment 

16 of the Small Business Regulatory Sunset Act of 

17 2015— 

18 ‘‘(A) not later than 9 years after the date 

19 of publication of the final rule in the Federal 

20 Register; and 

21 ‘‘(B) every 9 years thereafter. 

22 ‘‘(c) In reviewing rules under the plan required under 

23 subsection (a), the agency shall consider— 

24 ‘‘(1) the continued need for the rule; 


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1 ‘‘(2) the nature of complaints received by the 

2 agency from small entities concerning the rule; 

3 ‘‘(3) comments by the Regulatory Enforcement 

4 Ombudsman and the Chief Counsel for Advocacy of 

5 the Small Business Administration; 

6 ‘‘(4) the complexity of the rule; 

7 ‘‘(5) the extent to which the rule overlaps, du8 plicates, or conflicts with other Federal rules and, 

9 unless the head of the agency determines it to be in10 feasible, State and local rules; 

11 ‘‘(6) the contribution of the rule to the cumu12 lative economic impact of all Federal rules on the 

13 class of small entities affected by the rule, unless the 

14 head of the agency determines that such a calcula15 tion cannot be made; 

16 ‘‘(7) the length of time since the rule has been 

17 evaluated, or the degree to which technology, eco18 nomic conditions, or other factors have changed in 

19 the area affected by the rule; and 

20 ‘‘(8) the economic impact of the rule, includ21 ing— 

22 ‘‘(A) the estimated number of small enti23 ties to which the rule will apply; 


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1 ‘‘(B) the estimated number of small entity 

2 jobs that will be lost or created due to the rule; 

3 and 

4 ‘‘(C) the projected reporting, record5 keeping, and other compliance requirements of 

6 the proposed rule, including— 

7 ‘‘(i) an estimate of the classes of small 

8 entities that will be subject to the require9 ment; and 

10 ‘‘(ii) the type of professional skills 

11 necessary for preparation of the report or 

12 record. 

13 ‘‘(d)(1) Each agency shall submit an annual report 

14 regarding the results of the review required under sub15 section (a) to— 

16 ‘‘(A) Congress; and 

17 ‘‘(B) in the case of an agency that is not an 

18 independent regulatory agency (as defined in section 

19 3502(5) of title 44), the Administrator of the Office 

20 of Information and Regulatory Affairs of the Office 

21 of Management and Budget. 

22 ‘‘(2) Each report required under paragraph (1) shall 

23 include a description of any rule or small entity compli24 ance guide with respect to which the agency made a deter25 mination of infeasibility under paragraph (5) or (6) of 


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1 subsection (c), together with a detailed explanation of the 

2 reasons for the determination. 

3 ‘‘(e) Each agency shall publish in the Federal Reg4 ister and on the Web site of the agency a list of the rules 

5 and small entity compliance guides to be reviewed under 

6 the plan required under subsection (a) that includes— 

7 ‘‘(1) a brief description of each rule or guide; 

8 ‘‘(2) for each rule, the reason why the head of 

9 the agency determined that the rule has a significant 

10 economic impact on a substantial number of small 

11 entities (without regard to whether the agency had 

12 prepared a final regulatory flexibility analysis for the 

13 rule); and 

14 ‘‘(3) a request for comments from the public, 

15 the Chief Counsel for Advocacy of the Small Busi16 ness Administration, and the Regulatory Enforce17 ment Ombudsman concerning the enforcement of the 

18 rules or publication of the guides. 

19 ‘‘(f)(1) Not later than 6 months after each date de20 scribed in paragraphs (1) and (2) of subsection (b), the 

21 Inspector General for each agency shall— 

22 ‘‘(A) determine whether the agency has con23 ducted the review required under subsection (b) ap24 propriately; and 

25 ‘‘(B) notify the head of the agency of— 


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1 ‘‘(i) the results of the determination under 

2 subparagraph (A); and 

3 ‘‘(ii) any issues preventing the Inspector 

4 General from determining that the agency has 

5 conducted the review required under subsection 

6 (b) appropriately. 

7 ‘‘(2)(A) Not later than 6 months after the date on 

8 which the head of an agency receives a notice under para9 graph (1)(B) that the agency has not conducted the review 

10 required under subsection (b) appropriately, the agency 

11 shall address the issues identified in the notice. 

12 ‘‘(B) Not later than 30 days after the last day of the 

13 6-month period described in subparagraph (A), the In14 spector General for an agency that receives a notice de15 scribed in subparagraph (A) shall— 

16 ‘‘(i) determine whether the agency has ad17 dressed the issues identified in the notice; and 

18 ‘‘(ii) notify Congress if the Inspector General 

19 determines that the agency has not addressed the 

20 issues identified in the notice. 

21 ‘‘(C) Not later than 30 days after the date on which 

22 the Inspector General for an agency transmits a notice 

23 under subparagraph (B)(ii), an amount equal to 1 percent 

24 of the amount appropriated for the fiscal year to the apVerDate Sep 11 2014 06:22 Aug 04, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3328.IH H3328

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1 propriations account of the agency that is used to pay sal2 aries shall be rescinded. 

3 ‘‘(D) Nothing in this paragraph may be construed to 

4 prevent Congress from acting to prevent a rescission 

5 under subparagraph (C).’’. 

6 SEC. 4. SUNSET OF NEW SMALL BUSINESS REGULATIONS. 

7 (a) IN GENERAL.—Except as provided in subsection 

8 (b) and beginning on the date of enactment of this Act, 

9 each covered rule promulgated by an agency shall cease 

10 to have effect on the date that is 7 years after the date 

11 on which the final version of the covered rule is published. 

12 (b) EXTENSION OF RULE.— 

13 (1) IN GENERAL.—Before the end of the 7-year 

14 period described in subsection (a), an agency may 

15 take action to renew a covered rule in accordance 

16 with the process described in paragraph (2) and if 

17 such action is taken, the covered rule shall remain 

18 in effect until modified or repealed by the agency ac19 tion or statute. 

20 (2) RENEWAL PROCESS.— 

21 (A) IN GENERAL.—An agency may renew 

22 a covered rule by using the notice and comment 

23 rulemaking process. 


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1 (B) REQUIREMENTS.—In conducting a 

2 rulemaking to renew a covered rule under sub3 paragraph (A), an agency shall— 

4 (i) solicit and respond to public com5 ment from entities affected by the covered 

6 rule; 

7 (ii) compare the projected costs of the 

8 covered rule to the actual costs realized by 

9 implementation of the covered rule and de10 termine whether modifications can be made 

11 to the covered rule to lower the cost of the 

12 covered rule; 

13 (iii) consider whether any regulatory 

14 alternatives exist that would accomplish 

15 the same regulatory objective as the cov16 ered rule with less of an impact on affected 

17 small entities; and 

18 (iv) make modifications to the covered 

19 rule, if necessary, to reflect— 

20 (I) comments solicited under 

21 clause (i); 

22 (II) modifications described in 

23 clause (ii); and 


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1 (III) any regulatory alternatives 

2 described in clause (iii). 

Æ 


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