I 

115TH CONGRESS 

1ST SESSION H. R. 74 

To amend title 5, United States Code, to postpone the effective date of 

high-impact rules pending judicial review. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2017 

Mr. MARINO (for himself, Mr. BISHOP of Michigan, Mr. COLLINS of Georgia, 

Mr. GOHMERT, Mr. GOODLATTE, Mr. JENKINS of West Virginia, Mr. 

SMITH of Texas, Mrs. WAGNER, Mr. DUFFY, Mr. RATCLIFFE, Mr. GRIFFITH, Mr. ISSA, Mr. GROTHMAN, Mr. ROKITA, Mr. FRANKS of Arizona, 

Mrs. MIMI WALTERS of California, Mr. HULTGREN, Mr. TIPTON, Mr. 

KELLY of Pennsylvania, Mr. MCCLINTOCK, Mr. YOHO, Mr. LABRADOR, 

Mr. BRAT, Mr. BROOKS of Alabama, Mr. LAMBORN, Mr. EMMER, and 

Mr. DESANTIS) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Require Evaluation 

5 before Implementing Executive Wishlists Act of 2017’’ or 

6 as the ‘‘REVIEW Act of 2017’’. 


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1 SEC. 2. RELIEF PENDING REVIEW. 

2 Section 705 of title 5, United States Code, is amend3 ed— 

4 (1) by striking ‘‘When’’ and inserting the fol5 lowing: 

6 ‘‘(a) IN GENERAL.—When’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(b) HIGH-IMPACT RULES.— 

9 ‘‘(1) DEFINITIONS.—In this subsection— 

10 ‘‘(A) the term ‘Administrator’ means the 

11 Administrator of the Office of Information and 

12 Regulatory Affairs of the Office of Management 

13 and Budget; and 

14 ‘‘(B) the term ‘high-impact rule’ means 

15 any rule that the Administrator determines may 

16 impose an annual cost on the economy of not 

17 less than $1,000,000,000. 

18 ‘‘(2) IDENTIFICATION.—A final rule may not be 

19 published or take effect until the agency making the 

20 rule submits the rule to the Administrator and the 

21 Administrator makes a determination as to whether 

22 the rule is a high-impact rule, which shall be pub23 lished by the agency with the final rule. 

24 ‘‘(3) RELIEF.— 

25 ‘‘(A) IN GENERAL.—Except as provided in 

26 subparagraph (B), an agency shall postpone the 


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1 effective date of a high-impact rule of the agen2 cy until the final disposition of all actions seek3 ing judicial review of the rule. 

4 ‘‘(B) FAILURE TO TIMELY SEEK JUDICIAL

5 REVIEW.—Notwithstanding section 553(d), if 

6 no person seeks judicial review of a high-impact 

7 rule— 

8 ‘‘(i) during any period explicitly pro9 vided for judicial review under the statute 

10 authorizing the making of the rule; or 

11 ‘‘(ii) if no such period is explicitly pro12 vided for, during the 60-day period begin13 ning on the date on which the high-impact 

14 rule is published in the Federal Register, 

15 the high-impact rule may take effect as early as 

16 the date on which the applicable period ends. 

17 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

18 this subsection may be construed to impose any limi19 tation under law on any court against the issuance 

20 of any order enjoining the implementation of any 

21 rule.’’. 

Æ 


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