United States HR 8703: REVIEW Act of 2022

Bill Text

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117TH CONGRESS
2D SESSION H. R. 8703
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 12, 2022
Mr. BERGMAN (for himself, Mr. WALBERG, and Mr. HUIZENGA) 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.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Require Evaluation 4
before Implementing Executive Wishlists Act of 2022’’ or 5
the ‘‘REVIEW Act of 2022’’. 6
SEC. 2. RELIEF PENDING REVIEW. 7
Section 705 of title 5, United States Code, is amend-8
ed— 9
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(1) by striking ‘‘When’’ and inserting the fol-1
lowing: 2
‘‘(a) IN GENERAL.—When’’; and 3
(2) by adding at the end the following: 4
‘‘(b) HIGH-IMPACT RULES.— 5
‘‘(1) DEFINITIONS.—In this subsection— 6
‘‘(A) the term ‘Administrator’ means the 7
Administrator of the Office of Information and 8
Regulatory Affairs of the Office of Management 9
and Budget; and 10
‘‘(B) the term ‘high-impact rule’ means 11
any rule that the Administrator determines may 12
impose an annual cost on the economy of not 13
less than $1,000,000,000. 14
‘‘(2) IDENTIFICATION.—A final rule may not be 15
published or take effect until— 16
‘‘(A) the agency making the rule submits 17
the rule to the Administrator; and 18
‘‘(B) the Administrator makes a deter-19
mination as to whether the rule is a high-im-20
pact rule, which shall be published by the agen-21
cy with the final rule. 22
‘‘(3) RELIEF.— 23
‘‘(A) IN GENERAL.—Except as provided in 24
subparagraph (B), an agency shall postpone the 25
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effective date of a high-impact rule of the agen-1
cy until the final disposition of all actions seek-2
ing judicial review of the rule. 3
‘‘(B) FAILURE TO TIMELY SEEK JUDICIAL 4
REVIEW.—Notwithstanding section 553(d), if 5
no person seeks judicial review of a high-impact 6
rule— 7
‘‘(i) during any period explicitly pro-8
vided for judicial review under the statute 9
authorizing the making of the rule; or 10
‘‘(ii) if no such period is explicitly pro-11
vided for, during the 60-day period begin-12
ning on the date on which the high-impact 13
rule is published in the Federal Register, 14
the high-impact rule may take effect as early as 15
the date on which the applicable period ends. 16
‘‘(4) RULE OF CONSTRUCTION.—Nothing in 17
this subsection may be construed to impose any limi-18
tation under law on any court against the issuance 19
of any order enjoining the implementation of any 20
rule.’’. 21
Æ
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