I
118THCONGRESS
1
STSESSION 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
JANUARY9, 2023
Mr. B
ERGMAN(for himself, Mr. GUEST, Ms. DELACRUZ, Mr. HUIZENGA,
and Mr. W
ALBERG) 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Require Evaluation 4
before Implementing Executive Wishlists Act of 2023’’ or 5
the ‘‘REVIEW Act of 2023’’. 6
SEC. 2. RELIEF PENDING REVIEW. 7
Section 705 of title 5, United States Code, is amend-8
ed— 9
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•HR 49 IH
(1) by striking ‘‘When’’ and inserting the fol-1
lowing: 2
‘‘(a) I
NGENERAL.—When’’; and 3
(2) by adding at the end the following: 4
‘‘(b) H
IGH-IMPACTRULES.— 5
‘‘(1) D
EFINITIONS.—In this subsection— 6
‘‘(A) the term ‘Administrator’ means the 7
Administrator of the Office of Information and 8
Regulatory Affairs of the Office of Management 9
and Budget; and 10
‘‘(B) the term ‘high-impact rule’ means 11
any rule that the Administrator determines may 12
impose an annual cost on the economy of not 13
less than $1,000,000,000. 14
‘‘(2) I
DENTIFICATION.—A final rule may not be 15
published or take effect until— 16
‘‘(A) the agency making the rule submits 17
the rule to the Administrator; and 18
‘‘(B) the Administrator makes a deter-19
mination as to whether the rule is a high-im-20
pact rule, which shall be published by the agen-21
cy with the final rule. 22
‘‘(3) R
ELIEF.— 23
‘‘(A) I
N GENERAL.—Except as provided in 24
subparagraph (B), an agency shall postpone the 25
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effective date of a high-impact rule of the agen-1
cy until the final disposition of all actions seek-2
ing judicial review of the rule. 3
‘‘(B) F
AILURE TO TIMELY SEEK JUDICIAL 4
REVIEW.—Notwithstanding section 553(d), if 5
no person seeks judicial review of a high-impact 6
rule— 7
‘‘(i) during any period explicitly pro-8
vided for judicial review under the statute 9
authorizing the making of the rule; or 10
‘‘(ii) if no such period is explicitly pro-11
vided for, during the 60-day period begin-12
ning on the date on which the high-impact 13
rule is published in the Federal Register, 14
the high-impact rule may take effect as early as 15
the date on which the applicable period ends. 16
‘‘(4) R
ULE OF CONSTRUCTION .—Nothing in 17
this subsection may be construed to impose any limi-18
tation under law on any court against the issuance 19
of any order enjoining the implementation of any 20
rule.’’. 21
Æ
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