S.Amdt. 3028

SA 3028. Mr. COATS submitted an amendment intended to be proposed to
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to
provide for the modernization of the energy policy of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. ___. 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) 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 pending judicial review.
``(B) Failure to timely seek judicial review.--
Notwithstanding section 553(d), if no person seeks judicial
review of a high-impact rule 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 shall
take effect on the date that is 60 days after the date on
which the high-impact rule is published.''.
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