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 Com-
mittee on the Judiciary, and in addition to the Committees on Small 
Business, and Oversight and Government Reform, for a period to be sub-
sequently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Small Business Regu-
latory Sunset Act of 2015’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
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‘‘(2) the nature of complaints received by the 
agency from small entities concerning the rule; 
‘‘(3) comments by the Regulatory Enforcement 
Ombudsman and the Chief Counsel for Advocacy of 
the Small Business Administration; 
‘‘(4) the complexity of the rule; 
‘‘(5) the extent to which the rule overlaps, du-
plicates, or conflicts with other Federal rules and, 
unless the head of the agency determines it to be in-
feasible, State and local rules; 
‘‘(6) the contribution of the rule to the cumu-
lative economic impact of all Federal rules on the 
class of small entities affected by the rule, unless the 
head of the agency determines that such a calcula-
tion cannot be made; 
‘‘(7) the length of time since the rule has been 
evaluated, or the degree to which technology, eco-
nomic conditions, or other factors have changed in 
the area affected by the rule; and 
‘‘(8) the economic impact of the rule, includ-
ing— 
‘‘(A) the estimated number of small enti-
ties to which the rule will apply; 
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‘‘(B) the estimated number of small entity 
jobs that will be lost or created due to the rule; 
and 
‘‘(C) the projected reporting, record-
keeping, and other compliance requirements of 
the proposed rule, including— 
‘‘(i) an estimate of the classes of small 
entities that will be subject to the require-
ment; and 
‘‘(ii) the type of professional skills 
necessary for preparation of the report or 
record. 
‘‘(d)(1) Each agency shall submit an annual report 
regarding the results of the review required under sub-
section (a) to— 
‘‘(A) Congress; and 
‘‘(B) in the case of an agency that is not an 
independent regulatory agency (as defined in section 
3502(5) of title 44), the Administrator of the Office 
of Information and Regulatory Affairs of the Office 
of Management and Budget. 
‘‘(2) Each report required under paragraph (1) shall 
include a description of any rule or small entity compli-
ance guide with respect to which the agency made a deter-
mination of infeasibility under paragraph (5) or (6) of 
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subsection (c), together with a detailed explanation of the 
reasons for the determination. 
‘‘(e) Each agency shall publish in the Federal Reg-
ister and on the Web site of the agency a list of the rules 
and small entity compliance guides to be reviewed under 
the plan required under subsection (a) that includes— 
‘‘(1) a brief description of each rule or guide; 
‘‘(2) for each rule, the reason why the head of 
the agency determined that the rule has a significant 
economic impact on a substantial number of small 
entities (without regard to whether the agency had 
prepared a final regulatory flexibility analysis for the 
rule); and 
‘‘(3) a request for comments from the public, 
the Chief Counsel for Advocacy of the Small Busi-
ness Administration, and the Regulatory Enforce-
ment Ombudsman concerning the enforcement of the 
rules or publication of the guides. 
‘‘(f)(1) Not later than 6 months after each date de-
scribed in paragraphs (1) and (2) of subsection (b), the 
Inspector General for each agency shall— 
‘‘(A) determine whether the agency has con-
ducted the review required under subsection (b) ap-
propriately; and 
‘‘(B) notify the head of the agency of— 
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‘‘(i) the results of the determination under 
subparagraph (A); and 
‘‘(ii) any issues preventing the Inspector 
General from determining that the agency has 
conducted the review required under subsection 
(b) appropriately. 
‘‘(2)(A) Not later than 6 months after the date on 
which the head of an agency receives a notice under para-
graph (1)(B) that the agency has not conducted the review 
required under subsection (b) appropriately, the agency 
shall address the issues identified in the notice. 
‘‘(B) Not later than 30 days after the last day of the 
6-month period described in subparagraph (A), the In-
spector General for an agency that receives a notice de-
scribed in subparagraph (A) shall— 
‘‘(i) determine whether the agency has ad-
dressed the issues identified in the notice; and 
‘‘(ii) notify Congress if the Inspector General 
determines that the agency has not addressed the 
issues identified in the notice. 
‘‘(C) Not later than 30 days after the date on which 
the Inspector General for an agency transmits a notice 
under subparagraph (B)(ii), an amount equal to 1 percent 
of the amount appropriated for the fiscal year to the ap-
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propriations account of the agency that is used to pay sal-
aries shall be rescinded. 
‘‘(D) Nothing in this paragraph may be construed to 
prevent Congress from acting to prevent a rescission 
under subparagraph (C).’’. 
SEC. 4. SUNSET OF NEW SMALL BUSINESS REGULATIONS. 
(a) IN GENERAL.—Except as provided in subsection 
(b) and beginning on the date of enactment of this Act, 
each covered rule promulgated by an agency shall cease 
to have effect on the date that is 7 years after the date 
on which the final version of the covered rule is published. 
(b) EXTENSION OF RULE.— 
(1) IN GENERAL.—Before the end of the 7-year 
period described in subsection (a), an agency may 
take action to renew a covered rule in accordance 
with the process described in paragraph (2) and if 
such action is taken, the covered rule shall remain 
in effect until modified or repealed by the agency ac-
tion or statute. 
(2) RENEWAL PROCESS.— 
(A) IN GENERAL.—An agency may renew 
a covered rule by using the notice and comment 
rulemaking process. 
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(B) REQUIREMENTS.—In conducting a 
rulemaking to renew a covered rule under sub-
paragraph (A), an agency shall— 
(i) solicit and respond to public com-
ment from entities affected by the covered 
rule; 
(ii) compare the projected costs of the 
covered rule to the actual costs realized by 
implementation of the covered rule and de-
termine whether modifications can be made 
to the covered rule to lower the cost of the 
covered rule; 
(iii) consider whether any regulatory 
alternatives exist that would accomplish 
the same regulatory objective as the cov-
ered rule with less of an impact on affected 
small entities; and 
(iv) make modifications to the covered 
rule, if necessary, to reflect— 
(I) comments solicited under 
clause (i); 
(II) modifications described in 
clause (ii); and 
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