The REVIEW Act of 2023 adds a new checkpoint before government agencies can enforce new rules. When an agency creates a final rule, it must first send it to a special office called the Office of Information and Regulatory Affairs (OIRA) for review. OIRA then decides whether the rule qualifies as "high-impact"—meaning it would cost the economy at least $1 billion per year. This is meant to catch rules with major economic consequences before they go into effect.

If OIRA determines a rule is high-impact, the agency has to wait even longer before enforcing it. Specifically, they must delay the rule's effective date until all lawsuits challenging the rule have been completely resolved in court. This means if someone sues to block the rule, the rule stays on hold until the courts finish hearing all the cases. The practical effect is that significant new regulations face an extra layer of review and potentially lengthy delays before they can actually take effect, giving businesses and other affected parties more time to challenge rules they oppose.

REVIEW Act of 2023

Sullivan, Dan

Require Evaluation before Implementing Executive Wishlists Act of 2023 or the REVIEW Act of 2023 This bill prohibits a final agency rule from taking effect until (1) the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA), and (2) OIRA makes a determination as to whether the rule is a high-impact rule that may impose an annual cost on the economy of at least $1 billion. In addition, an agency must postpone the effective date of a high-impact rule until the final disposition of all actions seeking judicial review of the rule.