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H.R. 3438 (114th): REVIEW Act of 2016

The text of the bill below is as of Sep 13, 2016 (Reported by House Committee).


Union Calendar No. 577


2d Session

H. R. 3438

[Report No. 114–743]


August 4, 2015

(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


To amend title 5, United States Code, to postpone the effective date of high-impact rules pending judicial review.


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 .


Relief pending review

Section 705 of title 5, United States Code, is amended—


by striking When and inserting the following:


In general


; and


by adding at the end the following:


High-Impact rules



In this subsection—


the term Administrator means the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget; and


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.



A final rule may not be published or take effect until the agency making the rule submits the rule to the Administrator and the Administrator makes a determination as to whether the rule is a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.




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.


Failure to timely seek judicial review

Notwithstanding section 553(d), if no person seeks judicial review of a high-impact rule—


during any period explicitly provided for judicial review under the statute authorizing the making of the rule; or


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.

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.


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