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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3438 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 3438

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2016

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Require Evaluation before 
Implementing Executive Wishlists Act of 2016'' or as the ``REVIEW Act 
of 2016''.

SEC. 2. RELIEF PENDING REVIEW.

    Section 705 of title 5, United States Code, is amended--
            (1) by striking ``When'' and inserting the following:
    ``(a) In General.--When''; and
            (2) by adding at the end the following:
    ``(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            ``(2) Identification.--A final rule may not be published or 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 the agency making the rule submits the rule 
        to the Administrator and 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.''.

            Passed the House of Representatives September 21, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```