What This Bill Does
This bill changes when government agencies can put new rules into effect. It requires agencies to delay implementing rules that would cost the economy at least one billion dollars per year until courts finish reviewing them. The bill applies to rules that the Office of Management and Budget's Office of Information and Regulatory Affairs determines are "high-impact rules."
Who It Affects
Government agencies that create rules. The Office of Management and Budget. People and businesses affected by new government regulations. Courts that review government rules.
Key Provisions
• High-impact rules (rules expected to cost the economy at least one billion dollars annually) cannot be published or take effect until the agency sends the rule to the Office of Management and Budget's Office of Information and Regulatory Affairs and that office determines whether it is a high-impact rule. (Sec. 2)
• Agencies must delay the
What Changes
Rules that cost the economy one billion dollars or more per year will not take effect while being challenged in court. Previously, these rules could take effect immediately.
Important Definitions
"High-impact rule" means any rule that the Office of Management and Budget's Office of Information and Regulatory Affairs determines may cost the economy at least one billion dollars per year.
II
118TH CONGRESS
1ST SESSION
S. 675
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
MARCH 7, 2023
Mr. SULLIVAN (for himself and Mr. LANKFORD) introduced the following bill;
which was read twice and referred to the Committee on Homeland Secu-
rity 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-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Require Evaluation
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before Implementing Executive Wishlists Act of 2023’’ or
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the ‘‘REVIEW Act of 2023’’.
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SEC. 2. RELIEF PENDING REVIEW.
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Section 705 of title 5, United States Code, is amend-
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ed—
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•S 675 IS
(1) by striking ‘‘When’’ and inserting the fol-
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lowing:
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‘‘(a) IN GENERAL.—When’’; and
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(2) by adding at the end the following:
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‘‘(b) HIGH-IMPACT RULES.—
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‘‘(1) DEFINITIONS.—In this subsection—
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‘‘(A) the term ‘Administrator’ means the
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Administrator of the Office of Information and
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Regulatory Affairs of the Office of Management
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and Budget; and
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‘‘(B) the term ‘high-impact rule’ means
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any rule that the Administrator determines may
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impose an annual cost on the economy of not
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less than $1,000,000,000.
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‘‘(2) IDENTIFICATION.—A final rule may not be
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published or take effect until—
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‘‘(A) the agency making the rule submits
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the rule to the Administrator; and
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‘‘(B) the Administrator makes a deter-
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mination as to whether the rule is a high-im-
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pact rule, which shall be published by the agen-
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cy with the final rule.
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‘‘(3) RELIEF.—
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‘‘(A) IN GENERAL.—Except as provided in
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subparagraph (B), an agency shall postpone the
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•S 675 IS
effective date of a high-impact rule of the agen-
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cy until the final disposition of all actions seek-
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ing judicial review of the rule.
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‘‘(B) FAILURE TO TIMELY SEEK JUDICIAL
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REVIEW.—Notwithstanding section 553(d), if
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no person seeks judicial review of a high-impact
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rule—
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‘‘(i) during any period explicitly pro-
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vided for judicial review under the statute
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authorizing the making of the rule; or
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‘‘(ii) if no such period is explicitly pro-
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vided for, during the 60-day period begin-
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ning on the date on which the high-impact
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rule is published in the Federal Register,
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the high-impact rule may take effect as early as
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the date on which the applicable period ends.
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‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in
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this subsection may be construed to impose any limi-
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tation under law on any court against the issuance
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of any order enjoining the implementation of any
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rule.’’.
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Æ
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