CCAGW Annual Ratings

Rule-Making Process Changes – Passage


Passage of the bill that would modify the federal rule-making process, including by codifying requirements for agencies to consider costs and benefits of alternatives. The bill would create additional steps that agencies would need to follow when planning "major" rules with annual costs of more than $100 million or "high-impact" rules with annual costs of more than $1 billion. For example, agencies would need to hold an advanced-notice comment period prior to proposing such rules to determine whether to continue the rule-making process. The measure would postpone the effective dates of "high impact" rules until any lawsuits filed within 60 days of the rule's publication in the Federal Register are resolved. It would effectively overturn two Supreme Court decisions that require federal courts to defer to an agency's interpretation of the underlying law or rule when considering legal challenges to rules. It would also require agencies to evaluate the "indirect" impacts of proposed rules on small businesses.

Vote Number: 
House Vote 45
Bill Number: 
HR 5
CCAGW Position: 
Vote Results: 
Passed 238-183 : R 233-0; D 5-183