Require Evaluation before Implementing Executive Wishlists Act of 2016

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

Judicial review and appeals
Latest action: action_date: 2016-09-22
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2015-08-04
action_desc: Introduced in House
text: <p><strong>Require Evaluation before Implementing Executive Wishlists Act of 2015 or the REVIEW Act of 2015</strong></p> <p>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.</p> <p>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.</p>

action_date: 2016-09-13
action_desc: Reported to House with amendment(s)
text: <p><strong>Require Evaluation before Implementing Executive Wishlists Act of 2016 or the REVIEW Act of 2016</strong></p> <p>(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.</p> <p>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.</p> <p>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. </p> <p>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.</p>

action_date: 2016-09-21
action_desc: Passed House amended
text: <p>(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.)</p> <p><strong>Require Evaluation before Implementing Executive Wishlists Act of 2016 or the REVIEW Act of 2016</strong></p> <p>(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.</p> <p>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.</p> <p>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. </p> <p>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.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 3438 IN THE HOUSE OF REPRESENTATIVES August 4, 2015 Mr. Marino (for himself and Mr. Goodlatte ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 5, United States Code, to postpone the effective date of high-impact rules pending judicial review.

1. Short title This Act may be cited as the Require Evaluation before Implementing Executive Wishlists Act of 2015 or as the REVIEW Act of 2015 . 2. Relief pending review Section 705 of title 5, United States Code, is amended— (1) by striking When and inserting the following: (a) In general When ; and (2) by adding at the end the following: (b) High-Impact Rules (1) Definitions In this subsection— (A) the term Administrator means the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget; and (B) the term high-impact rule means any rule that the Administrator determines may impose an annual cost on the economy of not less than $1,000,000,000. (2) Relief (A) In general Except as provided in subparagraph (B), an agency shall postpone the effective date of a high-impact rule of the agency pending judicial review. (B) Failure to timely seek judicial review Notwithstanding section 553(d), if no person seeks judicial review of a high-impact rule during the 60-day period beginning on the date on which the high-impact rule is published in the Federal Register, the high-impact rule shall take effect on the date that is 60 days after the date on which the high-impact rule is published. .

tv_txt: IB 114th CONGRESS 2d Session H. R. 3438 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend title 5, United States Code, to postpone the effective date of high-impact rules pending judicial review.

1. Short title This Act may be cited as the Require Evaluation before Implementing Executive Wishlists Act of 2016 or as the REVIEW Act of 2016 . 2. Relief pending review Section 705 of title 5, United States Code, is amended— (1) by striking When and inserting the following: (a) In general When ; and (2) by adding at the end the following: (b) High-Impact rules (1) Definitions In this subsection— (A) the term Administrator means the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget; and (B) the term high-impact rule means any rule that the Administrator determines may impose an annual cost on the economy of not less than $1,000,000,000. (2) Identification A final rule may not be published or take effect until the agency making the rule submits the rule to the Administrator and the Administrator makes a determination as to whether the rule is a high-impact rule, which shall be published by the agency with the final rule. (3) Relief (A) In general Except as provided in subparagraph (B), an agency shall postpone the effective date of a high-impact rule of the agency until the final disposition of all actions seeking judicial review of the rule. (B) Failure to timely seek judicial review Notwithstanding section 553(d), if no person seeks judicial review of a high-impact rule— (i) during any period explicitly provided for judicial review under the statute authorizing the making of the rule; or (ii) if no such period is explicitly provided for, during the 60-day period beginning on the date on which the high-impact rule is published in the Federal Register, the high-impact rule may take effect as early as the date on which the applicable period ends. (4) Rule of construction Nothing in this subsection may be construed to impose any limitation under law on any court against the issuance of any order enjoining the implementation of any rule. .

Passed the House of Representatives September 21, 2016. Karen L. Haas, Clerk.

tv_txt: IIB 114th CONGRESS 2d Session H. R. 3438 IN THE SENATE OF THE UNITED STATES September 22, 2016 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT To amend title 5, United States Code, to postpone the effective date of high-impact rules pending judicial review.

1. Short title This Act may be cited as the Require Evaluation before Implementing Executive Wishlists Act of 2016 or as the REVIEW Act of 2016 . 2. Relief pending review Section 705 of title 5, United States Code, is amended— (1) by striking When and inserting the following: (a) In general When ; and (2) by adding at the end the following: (b) High-Impact rules (1) Definitions In this subsection— (A) the term Administrator means the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget; and (B) the term high-impact rule means any rule that the Administrator determines may impose an annual cost on the economy of not less than $1,000,000,000. (2) Identification A final rule may not be published or take effect until the agency making the rule submits the rule to the Administrator and the Administrator makes a determination as to whether the rule is a high-impact rule, which shall be published by the agency with the final rule. (3) Relief (A) In general Except as provided in subparagraph (B), an agency shall postpone the effective date of a high-impact rule of the agency until the final disposition of all actions seeking judicial review of the rule. (B) Failure to timely seek judicial review Notwithstanding section 553(d), if no person seeks judicial review of a high-impact rule— (i) during any period explicitly provided for judicial review under the statute authorizing the making of the rule; or (ii) if no such period is explicitly provided for, during the 60-day period beginning on the date on which the high-impact rule is published in the Federal Register, the high-impact rule may take effect as early as the date on which the applicable period ends. (4) Rule of construction Nothing in this subsection may be construed to impose any limitation under law on any court against the issuance of any order enjoining the implementation of any rule. .

Passed the House of Representatives September 21, 2016. Karen L. Haas, Clerk

tv_txt: IB Union Calendar No. 577 114th CONGRESS 2d Session H. R. 3438 [Report No. 114–743] IN THE HOUSE OF REPRESENTATIVES August 4, 2015 Mr. Marino (for himself and Mr. Goodlatte ) introduced the following bill; which was referred to the Committee on the Judiciary September 13, 2016 Additional sponsors: Mr. Sessions , Mr. Ratcliffe , Mr. Smith of Texas , Mr. Collins of Georgia , Mr. Sensenbrenner , Mr. Issa , Mr. Trott , Mr. DeSantis , Mr. Gohmert , Mr. Labrador , Mr. Bishop of Michigan , Mr. Franks of Arizona , Mr. Duffy , Mr. Brooks of Alabama , Mr. LaMalfa , Mr. Hultgren , Mr. Kelly of Pennsylvania , Mr. Huelskamp , Mr. Posey , Mr. Jody B. Hice of Georgia , Mr. Abraham , Mr. Jenkins of West Virginia , Mr. Griffith , Mr. Graves of Missouri , Mr. Rokita , Mr. Grothman , Mr. Emmer of Minnesota , Mrs. Wagner , Mr. Newhouse , Mr. McClintock , and Mrs. Black September 13, 2016 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on August 4, 2015 A BILL To amend title 5, United States Code, to postpone the effective date of high-impact rules pending judicial review.

1. Short title This Act may be cited as the Require Evaluation before Implementing Executive Wishlists Act of 2016 or as the REVIEW Act of 2016 . 2. Relief pending review Section 705 of title 5, United States Code, is amended— (1) by striking When and inserting the following: (a) In general When ; and (2) by adding at the end the following: (b) High-Impact rules (1) Definitions In this subsection— (A) the term Administrator means the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget; and (B) the term high-impact rule means any rule that the Administrator determines may impose an annual cost on the economy of not less than $1,000,000,000. (2) Identification A final rule may not be published or take effect until the agency making the rule submits the rule to the Administrator and the Administrator makes a determination as to whether the rule is a high-impact rule, which shall be published by the agency with the final rule. (3) Relief (A) In general Except as provided in subparagraph (B), an agency shall postpone the effective date of a high-impact rule of the agency until the final disposition of all actions seeking judicial review of the rule. (B) Failure to timely seek judicial review Notwithstanding section 553(d), if no person seeks judicial review of a high-impact rule— (i) during any period explicitly provided for judicial review under the statute authorizing the making of the rule; or (ii) if no such period is explicitly provided for, during the 60-day period beginning on the date on which the high-impact rule is published in the Federal Register, the high-impact rule may take effect as early as the date on which the applicable period ends. (4) Rule of construction Nothing in this subsection may be construed to impose any limitation under law on any court against the issuance of any order enjoining the implementation of any rule. .

September 13, 2016 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed