To amend title 5, United States Code, to postpone the effective date of high-impact rules pending judicial review.
(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.
Motion to reconsider laid on the table Agreed to without objection.
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Considered under the provisions of rule H. Res. 875. (consideration: CR H5755-5764)
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.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 875 and Rule XVIII.
The Speaker designated the Honorable Michael K. Simpson to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3438.
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.
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.
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.
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.
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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.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3438.
The previous question was ordered pursuant to the rule. (consideration: CR H5762)
Mr. Thompson (MS) moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H5762-5763; text: CR H5762)
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.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by recorded vote: 182 - 240 (Roll no. 534).
Roll Call #534 (House)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)
Roll Call #535 (House)On passage Passed by recorded vote: 244 - 180 (Roll no. 535). (text of amendment in the nature of a substitute: CR H5758)
Roll Call #535 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.