House Passes REVIEW Act

September 21, 2016 – The House of Representatives passed, by a vote of 244 to 180, H.R. 3438, the Require Evaluation Before Implementing Executive Wishlists (REVIEW) Act, to prohibit any “high-impact” rule from taking effect until the final disposition of all actions seeking judicial review of the rule.  Under the REVIEW Act, a “high-impact” rule is defined as one with an annual cost of more than $1 billion.  The bill provides for an administrative stay of all such rules pending final judicial review if a legal challenge is filed within 60 days after publication of the rule in the Federal Register or within another time period explicitly provided for judicial review under the law authorizing a rulemaking.  The bill also provides for the stay to be lifted if no challenge is filed.  An amendment to exempt from the bill rules that would reduce health care costs for seniors failed (189 to 232), as did an amendment to exempt from the bill regulations that would make higher education more affordable (184 to 237).  In anticipation of the House vote on the bill, the White House issued a Statement of Administration Policy (SAP) opposing H.R. 3438, saying it “would promote unwarranted litigation, introduce harmful delay, and, in many cases, thwart implementation of statutory mandates and the execution of duly enacted laws.”  The White House indicates in the SAP that if the President is presented with H.R. 3438 his senior advisors will recommend that he veto it.