H.R. 3438: The Require Evaluation before Implementing Executive Wishlists (REVIEW) Act

By at 6 September, 2016, 10:12 pm

UPDATE: On September 21, the U.S. House passed H.R. 3438  by a vote of 244-180.


The Honorable Tom Marino

U.S. House of Representatives

Washington, DC 20515


Dear Representative Marino:

The Small Business & Entrepreneurship Council (SBE Council) and our more than 100,000 members nationwide strongly support H.R. 3438, the Require Evaluation before Implementing Executive Wishlists Act (REVIEW Act) of 2015.

The federal regulatory system is too burdensome, complex, and costly for entrepreneurs and small businesses. Regulators often sidestep procedures mandated by federal law, including required protections that are meant to keep the system accountable to small businesses. Small firms in particular have been disproportionately impacted by countless new regulations, regardless of whether that impact is direct or “indirect.” This is especially the case for the most costly rules, which have had a major impact across business sectors, if not our entire economy.

H.R. 3438 is a valuable solution that would place a “hold” on mega-regulations (those costing the economy one billion dollars or more on an annual basis) until legal challenges to the final rule are completed. Such a stay would only take place if the rule were challenged in court within 60 days of its promulgation.

Businesses, entrepreneurs, and investors make decisions based on government actions, and it makes perfect sense that the Administrative Procedure Act take into account potential legal challenges to mega-regulations. The financial impact and damage to industries, businesses, entrepreneurs, workers and consumers begins to occur upon finalization of a rule. Our federal regulatory system must provide safeguards against poorly crafted rules, or those hurried through the process but on weak legal grounds. H.R. 3438 provides that protection.

Thank you for your leadership on this issue. SBE Council looks forward to working with you to advance H.R. 3438 into law. Please let me know how we can assist you in your efforts.


Karen Kerrigan, President & CEO

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