REVIEW Act of 2023

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.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 49 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                 H. R. 49

To amend title 5, United States Code, to postpone the effective date of 
               high-impact rules pending judicial review.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2023

Mr. Bergman (for himself, Mr. Guest, Ms. De La Cruz, Mr. Huizenga, and 
 Mr. Walberg) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Require Evaluation before 
Implementing Executive Wishlists Act of 2023'' or the ``REVIEW Act of 
2023''.

SEC. 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--
                    ``(A) the agency making the rule submits the rule 
                to the Administrator; and
                    ``(B) 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.''.
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