IIB 
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 Representa-
tives of the United States of America in Congress assembled, 
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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 amend-
ed— 
(1) by striking ‘‘When’’ and inserting the fol-
lowing: 
‘‘(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‘‘(2) IDENTIFICATION.—A final rule may not be 
published or take effect until the agency making the 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 
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the rule is a high-impact rule, which shall be pub-
lished 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 agen-
cy until the final disposition of all actions seek-
ing 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 pro-
vided for judicial review under the statute 
authorizing the making of the rule; or 
‘‘(ii) if no such period is explicitly pro-
vided for, during the 60-day period begin-
ning 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 limi-
tation under law on any court against the issuance 
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of any order enjoining the implementation of any 
rule.’’. 
Passed the House of Representatives September 21, 
2016. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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