Text: H.R.3438 — 114th Congress (2015-2016)All Information (Except Text)

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Referred in Senate (09/22/2016)

2d Session
H. R. 3438


September 22, 2016

Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs


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 2016” or as the “REVIEW Act of 2016” .

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“(2) IDENTIFICATION.—A final rule may not be published or take effect until the agency making the rule submits the rule to the Administrator and the Administrator makes a determination as to whether the rule is a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.”.

Passed the House of Representatives September 21, 2016.

    Attest: karen l. haas,   

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