REVIEW Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1250 To amend title 5, United States Code, to postpone the effective date of high-impact rules pending judicial review. IN THE SENATE OF THE UNITED STATES APRIL 20, 2021 Mr. SULLIVAN introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 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 2021’’ or 5 the ‘‘REVIEW Act of 2021’’. 6 SEC. 2. RELIEF PENDING REVIEW. 7 Section 705 of title 5, United States Code, is amend- 8 ed— 9 VerDate Sep 11 2014 04:25 May 14, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1250.IS S1250 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1250 IS (1) by striking ‘‘When’’ and inserting the fol- 1 lowing: 2 ‘‘(a) IN GENERAL.—When’’; and 3 (2) by adding at the end the following: 4 ‘‘(b) HIGH-IMPACT RULES.— 5 ‘‘(1) DEFINITIONS.—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) IDENTIFICATION.—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) RELIEF.— 23 ‘‘(A) IN GENERAL.—Except as provided in 24 subparagraph (B), an agency shall postpone the 25 VerDate Sep 11 2014 04:25 May 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1250.IS S1250 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1250 IS 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) FAILURE 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) RULE 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 VerDate Sep 11 2014 04:25 May 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1250.IS S1250 kjohnson on DSK79L0C42PROD with BILLS