US Federal 2023-2024 Regular Session

US Federal House Bill HB49

Introduced
1/9/23  

Caption

Require Evaluation before Implementing Executive Wishlists Act of 2023 or the REVIEW Act of 2023 This bill prohibits a final agency rule from taking effect until (1) the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA), and (2) OIRA makes a determination as to whether the rule is a high-impact rule that may impose an annual cost on the economy of at least $1 billion. In addition, an agency must postpone the effective date of a high-impact rule until the final disposition of all actions seeking judicial review of the rule.

Impact

Should HB 49 be enacted, it would significantly alter the current procedure for implementing agency rules deemed high-impact. Agencies would be required to submit these rules to the Office of Information and Regulatory Affairs (OIRA) for assessment. This includes a determination from OIRA on whether the proposed rule is categorized as high-impact. Until this review process is complete, agencies would be obligated to delay the effective date of such rules, thereby potentially extending the timeline for regulatory actions that could heavily influence economic conditions.

Summary

House Bill 49, titled the Require Evaluation before Implementing Executive Wishlists Act of 2023 or the REVIEW Act of 2023, seeks to amend title 5 of the United States Code. The primary purpose of this bill is to postpone the effective date of 'high-impact' rules pending judicial review. High-impact rules are defined by the bill as any rule that may impose an annual cost on the economy of at least $1 billion. This initiative stems from a push to ensure a thorough evaluation of the economic implications of significant regulatory actions before they can be enacted.

Contention

While proponents of the bill argue that it promotes accountability and careful scrutiny of economically significant regulations, critics may view this as a measure that could hinder timely responses to pressing regulatory needs. This postponement could create delays in rule implementation and may be seen as a way for certain executive actions to be effectively blocked by extending review durations. The discussion around this bill will likely reflect broader debates about the role of regulatory agencies and the balance between economic growth and necessary regulatory oversight.

Companion Bills

US SB675

Identical bill REVIEW Act of 2023 Require Evaluation before Implementing Executive Wishlists Act of 2023

Previously Filed As

US HB262

All Economic Regulations are Transparent Act of 2023 or the ALERT Act of 2023 This bill establishes various reporting requirements with respect to federal agency rulemaking. Specifically, each agency must submit a monthly report to the Office of Information and Regulatory Affairs (OIRA) for each rule the agency expects to propose or finalize during the following year, including information about the objectives and legal basis for the rule as well as whether the rule is subject to periodic review based on its significant economic impact. Additionally, each agency must submit a monthly report for any rule expected to be finalized during the following year for which the agency has issued a general notice of proposed rulemaking, including an approximate schedule for completing action on the rule and an estimate of its cost and economic effects. OIRA must publish this information online and, subject to certain exceptions, a rule may not take effect until the information has been published for at least six months. The bill also requires OIRA to annually publish in the Federal Register specified information it receives from agencies under this bill, including a list of each rule an agency has proposed and the total cost of all rules proposed or finalized. OIRA must further publish online (1) any analysis of the costs or benefits of rules that were proposed or finalized during the previous year, and (2) a list of rules that were subjected to various forms of review during the previous year.

US SF2463

A bill for an act concerning the executive branch rulemaking process, including the uniform rules on agency procedure and review and regulatory readoption of rules, and including effective date provisions. (Formerly SSB 3166.) Effective date: 04/16/2026, 07/01/2026.

US SB30

Expediting Reform And Stopping Excess Regulations Act or the ERASER ActThis bill generally requires federal agencies to repeal three rules before issuing a new rule.In the case of a new nonmajor rule, an agency must repeal at least three rules that, to the extent practicable, are related to the new rule.In the case of a new major rule, (1) an agency must repeal at least three rules that are related to the new major rule, and (2) the cost of the new major rule must be less than or equal to the cost of the repealed rules. A major rule is a rule that has resulted in or is likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, or innovation.These requirements apply to rules issued through the notice and comment process and do not apply to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice. Further, the requirements do not apply to a rule or major rule that relates to the management, organization, or personnel of an agency or procurement by the agency.Any rule repealed under this bill must be published in the Federal Register.Finally, the Government Accountability Office must report on the number and estimated cost of rules and major rules currently in effect.  

US SB56

Require that agencies promulgating permanent rules publish the rules and associated rulemaking forms on a state website.

US SB1316

Administrative rules; directing permanent rules of certain agencies to sunset on certain dates; requiring submission of certain rules for review. Effective date.

US SB2287

Agency rules; require rules with a significant economic impact to expire after five years.

US AB994

Review by state agencies of administrative rules and enactments; an expedited process for repealing rules an agency no longer has the authority to promulgate; and the rule-making authority of certain agencies. (FE)

US SB981

Review by state agencies of administrative rules and enactments; an expedited process for repealing rules an agency no longer has the authority to promulgate; and the rule-making authority of certain agencies. (FE)

US HB1259

Relating to the establishment of the State Agency Rules Review Commission and the procedures by which state agencies adopt rules.

US SB14

Relating to reforming the procedure by which state agencies adopt rules and impose regulatory requirements and the deference given to the interpretation of laws and rules by state agencies in certain judicial proceedings.

Similar Bills

No similar bills found.