Require Evaluation before Implementing Executive Wishlists Act of 2016

Bill: 114-hr-3438
Sponsor: Rep. Marino, Tom [R-PA-10]
Introduced: 2015-08-04 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Judicial review and appeals

Summary:
action_date: 2015-08-04
text: 

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 &quot;high-impact rule&quot; 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.

action_date: 2016-09-13
text: 

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 &quot;high-impact rule&quot; as any rule that the OIRA determines may impose an annual cost on the economy of at least $1 billion.

action_date: 2016-09-21
text: 
(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 &quot;high-impact rule&quot; as any rule that the OIRA determines may impose an annual cost on the economy of at least $1 billion.


Legislative actions:
action_date: 2016-09-22
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2016-09-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-09-21
text: On passage Passed by recorded vote: 244 - 180 (Roll no. 535). (text of amendment in the nature of a substitute: CR H5758)
action_date: 2016-09-21
text: 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)
action_date: 2016-09-21
text: On motion to recommit with instructions Failed by recorded vote: 182 - 240 (Roll no. 534).
action_date: 2016-09-21
text: The previous question on the motion to recommit with instructions was ordered without objection.
action_date: 2016-09-21
text: 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.
action_date: 2016-09-21
text: Mr. Thompson (MS) moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H5762-5763; text: CR H5762)
action_date: 2016-09-21
text: The previous question was ordered pursuant to the rule. (consideration: CR H5762)
action_date: 2016-09-21
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3438.
action_date: 2016-09-21
text: 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.
action_date: 2016-09-21
text: 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.
action_date: 2016-09-21
text: 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.
action_date: 2016-09-21
text: 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.
action_date: 2016-09-21
text: 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.
action_date: 2016-09-21
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3438.
action_date: 2016-09-21
text: The Speaker designated the Honorable Michael K. Simpson to act as Chairman of the Committee.
action_date: 2016-09-21
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 875 and Rule XVIII.
action_date: 2016-09-21
text: 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.
action_date: 2016-09-21
text: Considered under the provisions of rule H. Res. 875. (consideration: CR H5755-5764)
action_date: 2016-09-20
text: 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.
action_date: 2016-09-13
text: Placed on the Union Calendar, Calendar No. 577.
action_date: 2016-09-13
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 114-743.
action_date: 2016-09-13
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 114-743.
action_date: 2015-11-03
text: Subcommittee Hearings Held.
action_date: 2015-09-28
text: Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
action_date: 2015-08-04
text: Referred to the House Committee on the Judiciary.
action_date: 2015-08-04
text: Introduced in House
action_date: 2015-08-04
text: Introduced in House