,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bgdg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ca1     
#bjad ,mr4 ,kirk introduced the         
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,a ,,bill  ,to require ,federal agencies
 to review certain rules and            
regulations1 and for other purposes4    
#a4 ,short title  ,this ,act may be     
cited as the ,small ,business           
,regulatory ,sunset ,act of #bjad4  #b4 
,definitions ,in this ,act-- 7#a7 the   
term agency has the meaning given the   
term in section #eea of title #e1       
,united ,states ,code2  7#b7 the term   
covered rule means any rule or group of 
rules-- 7,a7 for which an agency is     
required to prepare a regulatory        
flexibility analysis under section #fjc 
or #fjd of title #e1 ,united ,states    
,code2 and  7,b7 that is a major rule2  
7#c7 the term major rule has the meaning
 given the term in section #hjd of title

 #e1 ,united ,states ,code2 and  7#d7   
the terms rule and small entity have the
 meanings given those terms in section  
#fja of title #e1 ,united ,states ,code4
  #c4 ,periodic review of preexisting   
small business regulations ,section #faj
 of title #e1 ,united ,states ,code1 is 
amended to read as follows3  #faj4      
,periodic review of rules  7a7 7#a7 ,not
 later than #ahj days after the date of 
enactment of the ,small ,business       
,regulatory ,sunset ,act of #bjad1 each 
agency shall establish a plan for the   
periodic review of--  7,a7 each rule    
issued by the agency that the head of   
the agency determines has a significant 
economic impact on a substantial number 
of small entities1 without regard to    
whether the agency performed an analysis
 under section #fjd with respect to the 
rule2 and  7,b7 any small entity        
compliance guide required to be         
published by the agency under section   
#bab of the ,small ,business ,regulatory
 ,enforcement ,fairness ,act of #aiif   

7#e ,u4,s4,c4 #fja note74  7#b7 ,in     
reviewing rules and small entity        
compliance guides under paragraph 7#a71 
the agency shall determine whether the  
rules and guides should--  7,a7 be      
amended or rescinded1 consistent with   
the stated objectives of applicable     
statutes1 to minimize any significant   
adverse economic impacts on a           
substantial number of small entities    
7including an estimate of any adverse   
impacts on job creation and employment  
by small entities72 or  7,b7 continue in
 effect without change4  7#c7 ,each     
agency shall publish the plan           
established under paragraph 7#a7 in the 
,federal ,register and on the ,web site 
of the agency4  7#d7 ,an agency may     
amend the plan established under        
paragraph 7#a7 at any time by publishing
 the amendment in the ,federal ,register
 and on the ,web site of the agency4    
7b7 ,each plan established under        
subsection 7a7 shall provide for--  7#a7
 the review of each rule and small      

entity compliance guide described in    
subsection 7a77#a7 in effect on the date
 of enactment of the ,small ,business   
,regulatory ,sunset ,act of #bjad--     
7,a7 not later than #i years after the  
date of publication of the plan in the  
,federal ,register2 and  7,b7 every #i  
years thereafter2 and  7#b7 the review  
of each rule adopted and small entity   
compliance guide described in subsection
 7a77#a7 that is published after the    
date of enactment of the ,small         
,business ,regulatory ,sunset ,act of   
#bjad--  7,a7 not later than #i years   
after the publication of the final rule 
in the ,federal ,register2 and  7,b7    
every #i years thereafter4  7c7 ,in     
reviewing rules under the plan required 
under subsection 7a71 the agency shall  
consider--  7#a7 the continued need for 
the rule2  7#b7 the nature of complaints
 received by the agency from small      
entities concerning the rule2  7#c7     
comments by the ,regulatory ,enforcement
 ,ombudsman and the ,chief ,counsel for 

,advocacy of the ,small ,business       
,administration2  7#d7 the complexity of
 the rule2  7#e7 the extent to which the
 rule overlaps1 duplicates1 or conflicts
 with other ,federal rules and1 unless  
the head of the agency determines it to 
be infeasible1 ,state and local rules2  
7#f7 the contribution of the rule to the
 cumulative economic impact of all      
,federal rules on the class of small    
entities affected by the rule1 unless   
the head of the agency determines that  
such a calculation cannot be made2  7#g7
 the length of time since the rule has  
been evaluated1 or the degree to which  
technology1 economic conditions1 or     
other factors have changed in the area  
affected by the rule2 and  7#h7 the     
economic impact of the rule1 including--
  7,a7 the estimated number of small    
entities to which the rule will apply2  
7,b7 the estimated number of small      
entity jobs that will be lost or created
 due to the rule2 and  7,c7 the         
projected reporting1 recordkeeping1 and 

other compliance requirements of the    
proposed rule1 including--  7i7 an      
estimate of the classes of small        
entities that will be subject to the    
requirement2 and  7ii7 the type of      
professional skills necessary for       
preparation of the report or record4    
7d7 7#a7 ,each agency shall submit an   
annual report regarding the results of  
the review required under subsection 7a7
 to--  7,a7 ,congress2 and  7,b7 in the 
case of an agency that is not an        
independent regulatory agency 7as       
defined in section #cejb7e7 of title    
#dd71 the ,administrator of the ,office 
of ,information and ,regulatory ,affairs
 of the ,office of ,management and      
,budget4  7#b7 ,each report required    
under paragraph 7#a7 shall include a    
description of any rule or small entity 
compliance guide with respect to which  
the agency made a determination of      
infeasibility under paragraph 7#e7 or   
7#f7 of subsection 7c71 together with a 
detailed explanation of the reasons for 

the determination4  7e7 ,each agency    
shall publish in the ,federal ,register 
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 7a7  
that includes--  7#a7 a brief           
description of each rule or guide2  7#b7
 for each rule1 the reason why the head 
of the agency determined that the rule  
has a significant economic impact on a  
substantial number of small entities    
7without regard to whether the agency   
had prepared a final regulatory         
flexibility analysis for the rule72 and 
7#c7 a request for comments from the    
public1 the ,chief ,counsel for         
,advocacy of the ,small ,business       
,administration1 and the ,regulatory    
,enforcement ,ombudsman concerning the  
enforcement of the rules or publication 
of the guides4  7f7 7#a7 ,not later than
 #f months after each date described in 
paragraphs 7#a7 and 7#b7 of subsection  
7b71 the ,inspector ,general for each   

agency shall--  7,a7 determine whether  
the agency has conducted the review     
required under subsection 7b7           
appropriately2 and  7,b7 notify the head
 of the agency of--  7i7 the results of 
the determination under subparagraph    
7,a72 and  7ii7 any issues preventing   
the ,inspector ,general from determining
 that the agency has conducted the      
review under subsection 7b7             
appropriately4  7#b7 7,a7 ,not later    
than #f months after the date on which  
the head of an agency receives a notice 
under paragraph 7#a77;,b7 that the      
agency has not conducted the review     
under subsection 7b7 appropriately1 the 
agency shall address the issues         
identified in the notice4  7,b7 ,not    
later than #cj days after the last day  
of the #f-month period described in     
subparagraph 7,a71 the ,inspector       
,general for an agency that receives a  
notice described in subparagraph 7,a7   
shall--  7i7 determine whether the      
agency has addressed the issues         

identified in the notice2 and  7ii7     
notify ,congress if the ,inspector      
,general determines that the agency has 
not addressed the issues identified in  
the notice4  7,c7 ,not later than #cj   
days after the date on which the        
,inspector ,general for an agency       
transmits a notice under subparagraph   
7,b77ii71 an amount equal to #a percent 
of the amount appropriated for the      
fiscal year to the appropriations       
account of the agency that is used to   
pay salaries shall be rescinded4  7,d7  
,nothing in this paragraph may be       
construed to prevent ,congress from     
acting to prevent a rescission under    
subparagraph 7,c74  4  #d4 ,sunset of   
new small business regulations  7a7 ,in 
general ,except as provided in          
subsection 7b7 and beginning on the date
 of enactment of this ,act1 each covered
 rule promulgated by an agency shall    
cease to have effect on the date that is
 #g years after the date on which the   
final version of the covered rule is    

published4  7b7 ,extension of rule  7#a7
 ,in general ,before the end of the     
#g-year period described in subsection  
7a71 an agency may take action to renew 
a covered rule in accordance with the   
process described in paragraph 7#b7 and 
if such action is taken1 the covered    
rule shall remain in effect until       
modified or repealed by the agency      
action or statute4  7#b7 ,renewal       
process  7,a7 ,in general ,an agency may
 renew a covered rule by using the      
notice and comment rulemaking process4  
7,b7 ,requirements ,in conducting a     
rulemaking to renew a covered rule under
 subparagraph 7,a71 an agency shall--   
7i7 solicit and respond to public       
comment from entities affected by the   
covered rule2  7ii7 compare the         
projected costs of the covered rule to  
the actual costs realized by            
implementation of the covered rule and  
determine whether modifications can be  
made to the covered rule to lower the   
cost of the covered rule2  7iii7        

consider whether any regulatory         
alternatives exist that would accomplish
 the same regulatory objective as the   
covered rule with less of an impact on  
affected small entities2 and  7iv7 make 
modifications to the covered rule1 if   
necessary1 to reflect-- 7,i7 comments   
solicited under clause 7i72  7,,ii7     
modifications described in clause 7ii72 
and  7,,iii7 any regulatory alternatives
 described in clause 7iii74