H.R. 74House115th Congress (2017-2019)In Committee

REVIEW Act of 2017

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Updated April 15, 2026 at 10:57 AM UTC

The REVIEW Act of 2017 amends the federal rulemaking process by requiring that any "high‑impact" regulation—defined as a rule that could cost the economy at least $1 billion per year—be delayed until any court challenges are fully resolved. The bill directs agencies to submit such rules to the Office of Information and Regulatory Affairs for a high‑impact determination, and it bars the rule from taking effect while judicial review is pending. If no party seeks judicial review within the statutory review period (or, if none is set, within 60 days of publication), the rule may become effective after that period ends. The changes apply to all federal agencies that issue high‑impact rules.

Key Provisions

Defines a "high‑impact rule" as any rule that may impose an annual cost of $1 billion or more on the economy.
Requires agencies to submit each final rule to the OMB Administrator for a determination of whether it is high‑impact, and to publish that determination with the rule.
Mandates that a high‑impact rule cannot be published or take effect until the Administrator makes the determination and all judicial review actions are finally resolved, unless no one seeks review within the applicable period, in which case the rule may take effect after that period ends.
Clarifies that the provision does not limit courts from issuing injunctions against the implementation of any rule.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

Administrative State, Regulatory Reform, and Antitrust Subcommittee

January 5, 2017

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HouseIntro Referral

Introduced in House

January 3, 2017

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

January 3, 2017

HouseCommittee

Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

Administrative State, Regulatory Reform, and Antitrust Subcommittee

January 5, 2017

Bill Text

Latest available legislative text

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Introduced in HouseIssued January 3, 2017

115th CONGRESS

1st Session

H. R. 74

IN THE HOUSE OF REPRESENTATIVES

January 3, 2017

Mr. Marino (for himself, Mr. Bishop of Michigan, Mr. Collins of Georgia, Mr. Gohmert, Mr. Goodlatte, Mr. Jenkins of West Virginia, Mr. Smith of Texas, Mrs. Wagner, Mr. Duffy, Mr. Ratcliffe, Mr. Griffith, Mr. Issa, Mr. Grothman, Mr. Rokita, Mr. Franks of Arizona, Mrs. Mimi Walters of California, Mr. Hultgren, Mr. Tipton, Mr. Kelly of Pennsylvania, Mr. McClintock, Mr. Yoho, Mr. Labrador, Mr. Brat, Mr. Brooks of Alabama, Mr. Lamborn, Mr. Emmer, and Mr. DeSantis) 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.

Short title

This Act may be cited as the Require Evaluation before Implementing Executive Wishlists Act of 2017 or as the REVIEW Act of 2017.

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.