II 

114TH CONGRESS 

1ST SESSION S. 1807 

To require agencies to publish the categorization of certain proposed and 

final rules, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2015 

Mr. DAINES (for himself, Mr. BLUNT, and Mr. GARDNER) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To require agencies to publish the categorization of certain 

proposed and final rules, 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 ‘‘Regulatory Impact 

5 Scale on the Economy Small Business Act of 2015’’ or 

6 the ‘‘RISE Small Business Act of 2015’’. 

7 SEC. 2. CATEGORIZATION OF RULES. 

8 Section 553 of title 5, United States Code, is amend9 ed by adding at the end the following: 

10 ‘‘(f) CATEGORIZATION OF RULES.— 


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1 ‘‘(1) IN GENERAL.—Before an agency promul2 gates a proposed or final rule that the agency deter3 mines is likely to have an annual effect on the econ4 omy of not less than $100,000,000, the agency 

5 shall— 

6 ‘‘(A) assign the rule to the applicable cat7 egory described in paragraph (2) based on the 

8 highest possible annual effect that the agency 

9 determines the proposed or final rule is likely to 

10 have on the economy; and 

11 ‘‘(B) publish in the Federal Register the 

12 assigned category for the rule. 

13 ‘‘(2) CATEGORIES.—A proposed or final rule is 

14 a— 

15 ‘‘(A) category 1 rule, if the agency deter16 mines that the rule is likely to result in an an17 nual effect on the economy of not less than 

18 $100,000,000 and not more than 

19 $499,999,999; 

20 ‘‘(B) category 2 rule, if the agency deter21 mines that the rule is likely to result in an an22 nual effect on the economy of not less than 

23 $500,000,000 and not more than 

24 $999,999,999; 


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1 ‘‘(C) category 3 rule, if the agency deter2 mines that the rule is likely to result in an an3 nual effect on the economy of not less than 

4 $1,000,000,000 and not more than 

5 $4,999,999,999; 

6 ‘‘(D) category 4 rule, if the agency deter7 mines that the rule is likely to result in an an8 nual effect on the economy of not less than 

9 $5,000,000,000 and not more than 

10 $9,999,999,999; and 

11 ‘‘(E) category 5 rule, if the agency deter12 mines that the rule is likely to result in an an13 nual effect on the economy of not less than 

14 $10,000,000,000. 

15 ‘‘(3) SUBMISSION TO OIRA.—Each agency shall, 

16 on an annual basis, submit to the Administrator of 

17 the Office of Information and Regulatory Affairs a 

18 list of the rules, by category, that the agency pub19 lished in the Federal Register under paragraph (1) 

20 during the preceding year. 

21 ‘‘(4) PUBLICATION ON OIRA WEBSITE.—Not 

22 later than 60 days after the date on which the Ad23 ministrator of the Office of Information and Regu24 latory Affairs receives a list of rules from an agency 


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1 under paragraph (3), the Administrator shall publish 

2 on www.reginfo.gov— 

3 ‘‘(A) the list of rules received from the 

4 agency under paragraph (3); and 

5 ‘‘(B) an estimate of the costs and benefits 

6 of each rule included on the list.’’. 

7 SEC. 3. DEFINING SIGNIFICANT ECONOMIC IMPACT FOR 

8 INITIAL AND FINAL REGULATORY FLEXI9 BILITY ANALYSES. 

10 Section 601 of title 5, United States Code, is amend11 ed— 

12 (1) in paragraph 6, by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph 7, by striking the period at 

15 the end and inserting a semicolon; 

16 (3) in paragraph 8— 

17 (A) by striking ‘‘RECORDKEEPING’’ and all 

18 that follows through ‘‘The’’ and inserting 

19 ‘‘the’’; and 

20 (B) by striking the period at the end and 

21 inserting ‘‘; and’’; and 

22 (4) by adding at the end the following: 


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1 ‘‘(9) the term ‘significant economic impact’ 

2 means an annual economic effect of not less than 

3 $100,000,000.’’. 

Æ 


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