Regulation University

TOM SULLIVAN, GENERAL COUNSEL

JULY 26,2013

2

3TOM SULLIVAN EXPERIENCE

• Worked Summers in the congressional affairs office of the U.S. Environmental Protection Agency while in law school

• Career attorney in the congressional and legislative affairs office of the U.S. Environmental Protection Agency 1994 – 1998

• Created a regulatory-lobbying division at the National Federation of Independent Business 1998 – 2000

• Started the National Federation of Independent Business Legal Foundation 2000 – 2002

• Appointed by President George Bush and confirmed by U.S. Senate to serve as Chief Counsel for Advocacy at the U.S. Small Business Administration 2002 – 2008

• Partner at Nelson Mullins Riley & Scarborough and created Small Business Coalition for Regulatory Relief 2008-2013

• Bipartisan Policy Center General Counsel since May

4

• Regulatory Flexibility Act (Public Law 96-354)• Small Business Regulatory Enforcement Fairness Act

(SBREFA) (Public Law 104-121)• Executive Order 13272, Proper Consideration of

Small Entitities in Agency Rulemaking (August 13, 2002)

• Executive Order 13653, Improving Regulation and Regulatory Review (January 18, 2011)

• Executive Order 13579, Regulation and Independent Regulatory Agencies (July 11, 2011)

• Executive Order 13610, Identifying and Reducing Regulatory Burdens (May 10, 2012)

Amendments to the Regulatory Flexibility Act• Dodd-Frank (Public Law 111-203)• Small Business Jobs Act (Public Law 111-240)

LAWS AND EXECUTIVE ORDERS ON SMALL BUSINESS IMPACT ANALYSIS

5REGULATORY FLEXIBILITY ACT

Rationale:

Small business as economic force• Job Creation

• Innovation

Small business as emotional force• Entrepreneurship

Small Business disproportionately impacted by regulation

6COST OF REGULATIONS BY FIRM SIZE

7COST OF MAJOR RULES

8SBREFA PANELS

9RETROSPECTIVE REVIEW

• Regulatory Flexibility Act• UNITED STATES CODE

• TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES • PART I--THE AGENCIES GENERALLY • CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS

§ 610. Periodic review of rules

(a) Within one hundred and eighty days after the effective date of this chapter, each agency shall publish in the Federal Register a plan for the periodic review of the rules issued by the agency which have or will have a significant economic impact upon a substantial number of small entities. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register. The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any significant economic impact of the rules upon a substantial number of such small entities. The plan shall provide for the review of all such agency rules existing on the effective date of this chapter within ten years of that date and for the review of such rules adopted after the effective date of this chapter within ten years of the publication of such rules as the final rule. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, he shall so certify in a statement published in the Federal Register and may extend the completion date by one year at a time for a total of not more than five years

10RETROSPECTIVE REVIEW (CONT.)

(b) In reviewing rules to minimize any significant economic impact of the rule on a substantial number of small entities in a manner consistent with the stated objectives of applicable statutes, the agency shall consider the following factors--

(1) the continued need for the rule;

(2) the nature of complaints or comments received concerning the rule from the public;

(3) the complexity of the rule;

(4) the extent to which the rule overlaps, duplicates or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules; and

(5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.

(c) Each year, each agency shall publish in the Federal Register a list of the rules which have a significant economic impact on a substantial number of small entities, which are to be reviewed pursuant to this section during the succeeding twelve months. The list shall include a brief description of each rule and the need for and legal basis of such rule and shall invite public comment upon the rule.

11

12