HR 49 — REVIEW Act of 2023

Summary

Require Evaluation before Implementing Executive Wishlists Act of 2023 or the REVIEW Act of 2023 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 House Current html January 09, 2023

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

The bill amends the existing law to explicitly require the postponement of high-impact rules pending judicial review and establishes definitions and procedures related to high-impact rules.

• 5 U.S.C. § 705

  When → (a) In General.--When

  This change clarifies the beginning of a new subsection for general provisions.

• 5 U.S.C. § 705

  (b) High-Impact Rules.--

  This addition introduces a new subsection specifically addressing high-impact rules.

• 5 U.S.C. § 705

  (1) Definitions.--In this subsection--

  This sets up definitions for terms specifically used in the context of high-impact rules.

• 5 U.S.C. § 705

  (A) the term `Administrator' means the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget;

  This defines who the Administrator is within the context of high-impact rules.

• 5 U.S.C. § 705

  (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.

  This defines what constitutes a high-impact rule based on its economic impact.

• 5 U.S.C. § 705

  (2) Identification.--A final rule may not be published or take effect until--

  This introduces a requirement for identifying high-impact rules before publication.

• 5 U.S.C. § 705

  (A) the agency making the rule submits the rule to the Administrator; and

  This requires agencies to submit high-impact rules to the Administrator prior to publication.

• 5 U.S.C. § 705

  (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.

  This mandates that the Administrator's determination regarding high-impact status be published with the rule.

• 5 U.S.C. § 705

  (3) Relief.--

  This subsection addresses the relief provided for high-impact rules awaiting judicial review.

• 5 U.S.C. § 705

  (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.

  This mandates a postponement of high-impact rules until all judicial reviews are resolved.

• 5 U.S.C. § 705

  (B) Failure to timely seek judicial review.--Notwithstanding section 553(d), if no person seeks judicial review of a high-impact rule--

  This outlines conditions under which high-impact rules may take effect if timely judicial review is not sought.

• 5 U.S.C. § 705

  (i) during any period explicitly provided for judicial review under the statute authorizing the making of the rule; or

  This delineates specific time frames for judicial review regarding high-impact rules.

• 5 U.S.C. § 705

  (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,

  This specifies a default 60-day review period if no explicit time frame is provided.

• 5 U.S.C. § 705

  the high-impact rule may take effect as early as the date on which the applicable period ends.

  This allows high-impact rules to take effect after the judicial review period under certain conditions.

• 5 U.S.C. § 705

  (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 clarifies that the new provisions do not limit courts' authority to issue injunctions.

Action History

1. January 09, 2023

   Introduced in House

2. January 09, 2023

   Introduced in House

3. January 09, 2023

   Referred to the House Committee on the Judiciary.

Sponsors

• Michael Guest · Cosponsor
• Monica De La Cruz · Cosponsor
• Bill Huizenga · Cosponsor
• Tim Walberg · Cosponsor
• Stephanie I. Bice · Cosponsor
• Dan Crenshaw · Cosponsor
• Byron Donalds · Cosponsor
• Jack Bergman · Primary

Subjects