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Bill114th CongressFiled Aug 4, 2015Government Operations and Politics
H.R. 3438

Require Evaluation before Implementing Executive Wishlists Act of 2016

Bill journey · stage 2 of 5

Under committee review

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Law

What it doesSummary passed house amended (Sep 21, 2016)

(This measure has not been amended since it was reported to the House on September 13, 2016. The summary of that version is repeated here.)

Require Evaluation before Implementing Executive Wishlists Act of 2016 or the REVIEW Act of 2016

(Sec. 2) This bill prohibits a final agency rule from being published or taking effect until the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA) and the OIRA makes a determination as to whether the rule is a high-impact rule. The agency shall publish such determination with the final rule.

An agency shall postpone the effective date of a high-impact rule until the final disposition of all actions seeking judicial review of the rule.

If no person seeks judicial review of a high-impact rule during any period explicitly provided for such review under the authorizing statute or during the 60-day period after the rule is published if no such period is explicitly provided, the rule may take effect as early as the date the applicable period ends.

The bill defines a "high-impact rule" as any rule that the OIRA determines may impose an annual cost on the economy of at least $1 billion.

What just happenedSep 22, 2016

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Who’s behind it

Rep. Marino, Tom [R-PA-10](R-PA)Sponsor
32 cosponsors32 R
Read on Congress.gov
32cosponsors2committees29actions3amendments2related bills2subjects
  1. Sep 22, 2016IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

    Homeland Security and Governmental Affairs Committee
  2. Sep 21, 2016FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Sep 21, 2016FloorH37100

    On passage Passed by recorded vote: 244 - 180 (Roll no. 535). (text of amendment in the nature of a substitute: CR H5758)

  4. Sep 21, 2016Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 244 - 180 (Roll no. 535).(text of amendment in the nature of a substitute: CR H5758)

  5. Sep 21, 2016FloorH36110

    On motion to recommit with instructions Failed by recorded vote: 182 - 240 (Roll no. 534).

    Judiciary Committee
  6. Sep 21, 2016FloorH8A000

    The previous question on the motion to recommit with instructions was ordered without objection.

  7. Sep 21, 2016FloorH8D000

    Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Thompson (MS) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add an exception for rules to decrease the vulnerability of the public to a terrorist attack.

  8. Sep 21, 2016FloorH36100

    Mr. Thompson (MS) moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H5762-5763; text: CR H5762)

    Judiciary Committee
  9. Sep 21, 2016FloorH35000

    The previous question was ordered pursuant to the rule. (consideration: CR H5762)

  10. Sep 21, 2016FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3438.

  11. Sep 21, 2016FloorH8D000

    UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which were debated earlier and on which further proceedings had been postponed.

  12. Sep 21, 2016FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the DelBene amendment No. 2, the Chair put the question on the amendment and by voice vote, announced that the ayes had prevailed. Mr. Marino demanded a recorded vote and the Chair postponed further proceedings on agreeing to the amendment until a time to be announced.

  13. Sep 21, 2016FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 875, the Committee of the Whole proceeded with 10 minutes of debate on the DelBene amendment No. 2.

  14. Sep 21, 2016FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Cicilline amendment No. 1, the Chair put the question on the amendment and by voice vote, announced that the noes had prevailed. Mr. Cicilline demanded a recorded vote and the Chair postponed further proceedings on agreeing to the amendment until a time to be announced.

  15. Sep 21, 2016FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 875, the Committee of the Whole proceeded with 10 minutes of debate on the Cicilline amendment No. 1.

  16. Sep 21, 2016FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3438.

  17. Sep 21, 2016FloorH32400

    The Speaker designated the Honorable Michael K. Simpson to act as Chairman of the Committee.

  18. Sep 21, 2016FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 875 and Rule XVIII.

  19. Sep 21, 2016FloorH8D000

    Rule provides for consideration of H.R. 3438 and H.R. 5719. The resolution provides for one hour of general debate on H.R. 3438 and H.R. 5719. The resolution provides that it shall be in order at any time on the legislative day of September 22, 2016 or September 23, 2016, for the Speaker to entertain motions that the House suspend the rules.

  20. Sep 21, 2016FloorH30000

    Considered under the provisions of rule H. Res. 875. (consideration: CR H5755-5764)

  21. Sep 20, 2016FloorH1L210

    Rules Committee Resolution H. Res. 875 Reported to House. Rule provides for consideration of H.R. 3438 and H.R. 5719. The resolution provides for one hour of general debate on H.R. 3438 and H.R. 5719. The resolution provides that it shall be in order at any time on the legislative day of September 22, 2016 or September 23, 2016, for the Speaker to entertain motions that the House suspend the rules.

  22. Sep 13, 2016CalendarsH12410

    Placed on the Union Calendar, Calendar No. 577.

  23. Sep 13, 2016CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 114-743.

    Judiciary Committee
  24. Sep 13, 2016Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 114-743.

    Judiciary Committee
  25. Nov 3, 2015Committee

    Subcommittee Hearings Held.

    Administrative State, Regulatory Reform, and Antitrust Subcommittee
  26. Sep 28, 2015Committee

    Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

    Administrative State, Regulatory Reform, and Antitrust Subcommittee
  27. Aug 4, 2015IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  28. Aug 4, 2015IntroReferralIntro-H

    Introduced in House

  29. Aug 4, 2015IntroReferral1000

    Introduced in House

Passed House amendedSep 21, 201636

(This measure has not been amended since it was reported to the House on September 13, 2016. The summary of that version is repeated here.)

Require Evaluation before Implementing Executive Wishlists Act of 2016 or the REVIEW Act of 2016

(Sec. 2) This bill prohibits a final agency rule from being published or taking effect until the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA) and the OIRA makes a determination as to whether the rule is a high-impact rule. The agency shall publish such determination with the final rule.

An agency shall postpone the effective date of a high-impact rule until the final disposition of all actions seeking judicial review of the rule.

If no person seeks judicial review of a high-impact rule during any period explicitly provided for such review under the authorizing statute or during the 60-day period after the rule is published if no such period is explicitly provided, the rule may take effect as early as the date the applicable period ends.

The bill defines a "high-impact rule" as any rule that the OIRA determines may impose an annual cost on the economy of at least $1 billion.

Reported to House with amendment(s)Sep 13, 201617

Require Evaluation before Implementing Executive Wishlists Act of 2016 or the REVIEW Act of 2016

(Sec. 2) This bill prohibits a final agency rule from being published or taking effect until the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA) and the OIRA makes a determination as to whether the rule is a high-impact rule. The agency shall publish such determination with the final rule.

An agency shall postpone the effective date of a high-impact rule until the final disposition of all actions seeking judicial review of the rule.

If no person seeks judicial review of a high-impact rule during any period explicitly provided for such review under the authorizing statute or during the 60-day period after the rule is published if no such period is explicitly provided, the rule may take effect as early as the date the applicable period ends.

The bill defines a "high-impact rule" as any rule that the OIRA determines may impose an annual cost on the economy of at least $1 billion.

Introduced in HouseAug 4, 2015

Require Evaluation before Implementing Executive Wishlists Act of 2015 or the REVIEW Act of 2015

Requires a federal agency to postpone the effective date of a high-impact rule pending judicial review. Permits such a rule to take effect 60 days after it is published in the Federal Register if no person seeks judicial review of such rule during such period.

Defines a "high-impact rule" as any rule that the Office of Information and Regulatory Affairs determines may impose an annual cost on the economy of at least $1 billion.

Require Evaluation before Implementing Executive Wishlists Act of 2016 — Informed