S 442 — REVIEW Act of 2019

Summary

Require Evaluation before Implementing Executive Wishlists Act of 2019 or the REVIEW Act of 2019 This bill prohibits a final agency rule from taking effect until (1) the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA), and (2) OIRA makes a determination as to whether the rule is a high-impact rule that may impose an annual cost on the economy of at least $1 billion. In addition, an agency must postpone the effective date of a high-impact rule until the final disposition of all actions seeking judicial review of the rule.

Bill Text

• Introduced Introduced in Senate Current html February 12, 2019

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds a framework for postponing the effective date of high-impact rules pending judicial review.

• 5 U.S.C. § 705

  When → (a) In General.--When

  This change establishes a new format for the section by introducing a general clause.

• 5 U.S.C. § 705

  (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 (2) Identification.--A final rule may not be published or take effect until-- (A) the agency making the rule submits the rule to the Administrator; and (B) the Administrator makes a determination as to whether the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.

  This addition creates specific provisions for handling high-impact rules, including definitions and processes for review.

Action History

1. February 12, 2019

   Introduced in Senate

2. February 12, 2019

   Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Sponsors

• Dan Sullivan · Primary

Subjects