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Union Calendar No. 577 

114TH CONGRESS 

2D SESSION H. R. 3438 

[Report No. 114–743] 

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

high-impact rules pending judicial review. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 4, 2015 

Mr. MARINO (for himself and Mr. GOODLATTE) introduced the following bill; 

which was referred to the Committee on the Judiciary 

SEPTEMBER 13, 2016 

Additional sponsors: Mr. SESSIONS, Mr. RATCLIFFE, Mr. SMITH of Texas, Mr. 

COLLINS of Georgia, Mr. SENSENBRENNER, Mr. ISSA, Mr. TROTT, Mr. 

DESANTIS, Mr. GOHMERT, Mr. LABRADOR, Mr. BISHOP of Michigan, Mr. 

FRANKS of Arizona, Mr. DUFFY, Mr. BROOKS of Alabama, Mr. 

LAMALFA, Mr. HULTGREN, Mr. KELLY of Pennsylvania, Mr. 

HUELSKAMP, Mr. POSEY, Mr. JODY B. HICE of Georgia, Mr. ABRAHAM, 

Mr. JENKINS of West Virginia, Mr. GRIFFITH, Mr. GRAVES of Missouri, 

Mr. ROKITA, Mr. GROTHMAN, Mr. EMMER of Minnesota, Mrs. WAGNER, 

Mr. NEWHOUSE, Mr. MCCLINTOCK, and Mrs. BLACK

SEPTEMBER 13, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on August 4, 2015] 


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•HR 3438 RH

A BILL 

To amend title 5, United States Code, to postpone the 

effective date of high-impact rules pending judicial review. 


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•HR 3438 RH

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 be5 fore Implementing Executive Wishlists Act of 2016’’ or as 

6 the ‘‘REVIEW Act of 2016’’. 

7 SEC. 2. RELIEF PENDING REVIEW. 

8 Section 705 of title 5, United States Code, is amend9 ed— 

10 (1) by striking ‘‘When’’ and inserting the fol11 lowing: 

12 ‘‘(a) IN GENERAL.—When’’; and 

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

14 ‘‘(b) HIGH-IMPACT RULES.— 

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

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

17 Administrator of the Office of Information and 

18 Regulatory Affairs of the Office of Management 

19 and Budget; and 

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

21 rule that the Administrator determines may im22 pose an annual cost on the economy of not less 

23 than $1,000,000,000. 

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

25 published or take effect until the agency making the 


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1 rule submits the rule to the Administrator and the 

2 Administrator makes a determination as to whether 

3 the rule is a high-impact rule, which shall be pub4 lished by the agency with the final rule. 

5 ‘‘(3) RELIEF.— 

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

7 subparagraph (B), an agency shall postpone the 

8 effective date of a high-impact rule of the agency 

9 until the final disposition of all actions seeking 

10 judicial review of the rule. 

11 ‘‘(B) FAILURE TO TIMELY SEEK JUDICIAL

12 REVIEW.—Notwithstanding section 553(d), if no 

13 person seeks judicial review of a high-impact 

14 rule— 

15 ‘‘(i) during any period explicitly pro16 vided for judicial review under the statute 

17 authorizing the making of the rule; or 

18 ‘‘(ii) if no such period is explicitly 

19 provided for, during the 60-day period be20 ginning on the date on which the high-im21 pact rule is published in the Federal Reg22 ister, 

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

24 the date on which the applicable period ends. 


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1 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 

2 subsection may be construed to impose any limitation 

3 under law on any court against the issuance of any 

4 order enjoining the implementation of any rule.’’. 


sradovich on DSK3GMQ082PROD with BILLS
Union Calendar No. 577 

114TH CONGRESS 

2D SESSION H. R. 3438 

[Report No. 114–743] 

A BILL 

To amend title 5, United States Code, to postpone 

judicial review. the effective date of high-impact rules pending 

SEPTEMBER 13, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sradovich on DSK3GMQ082PROD with BILLS