[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``(2) Identification.--A final rule may not be published or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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