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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10300 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10300
To provide for congressional review of rules with respect to which the
agency explicitly relied on Chevron deference in the notice of proposed
rulemaking or a Federal court upheld the rule based on Chevron
deference.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 5, 2024
Mrs. Bice (for herself, Mrs. Miller of West Virginia, Mr. Estes, Mr.
Scott Franklin of Florida, Mr. Pfluger, Mr. Meuser, Ms. Maloy, Mr.
Owens, Mr. Babin, Mr. Luttrell, Mr. Barr, Mr. Webster of Florida, Ms.
Tenney, Mr. Allen, Ms. Van Duyne, Mr. McCormick, Mr. Smith of Nebraska,
Mr. Clyde, Mr. Fleischmann, Mrs. Hinson, and Mr. Mann) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Oversight and Accountability,
Rules, and the Budget, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for congressional review of rules with respect to which the
agency explicitly relied on Chevron deference in the notice of proposed
rulemaking or a Federal court upheld the rule based on Chevron
deference.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Re-Review Act'' or the
``Chevron Re-Review Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Supreme Court has overturned jurisprudence relied
upon to uphold many agency rules when Chevron deference was
overturned in Loper Bright Enterprises v. Raimondo; and
(2) effective steps for improving the efficiency and proper
management of rules that exceed agency authority and had
previously been upheld by the Chevron deference is imposed in
order to prove Congress an opportunity for a review of unlawful
statutes.
SEC. 3. PROVISION OF INFORMATION FOR CONGRESSIONAL REVIEW OF CERTAIN
RULES.
(a) Provision of Information by Agency.--Not later than 30 days
after the introduction of a joint resolution described in section 4(a),
the head of the agency that made the rule shall make available to
Congress and the Comptroller General of the United States, upon
request--
(1) a complete copy of the cost-benefit analysis of the
rule, if any;
(2) the agency's actions under sections 202, 203, 204, and
205 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532
et seq.);
(3) any and all actions the agency has taken related to the
rule after implementing the rule; and
(4) any other relevant information or requirements related
to the rule under any other Act and any relevant Executive
order.
(b) Provision to Committees.--Upon receipt of the information
described in subsection (a), each House of Congress shall provide
copies of such information to the Chairman and Ranking Member of each
committee with jurisdiction over the subject matter of the rule.
(c) Reporting by the Comptroller General.--Not later than 30 days
after the introduction of a joint resolution described in section 4(a),
the Comptroller General shall submit to--
(1) Congress a report on the rule that is the subject of
the joint resolution; and
(2) the sponsor of the joint resolution and the Chairman
and Ranking Member of each committee with jurisdiction over the
subject matter of the rule, an analysis of the copy of the
cost-benefit analysis of the rule made available under
subsection (a)(1).
(d) CRS Report.--Not later than 30 days after the introduction of a
joint resolution described in section 4(a), the Director of the
Congressional Research Service shall submit to the sponsor of the joint
resolution and the Chairman and Ranking Member of each committee with
jurisdiction over the subject matter of the rule a summary of
litigation with respect to the rule, if applicable.
(e) CBO Report.--Not later than 30 days after the introduction of a
joint resolution described in section 4(a), the Director of the
Congressional Budget Office shall submit to the sponsor of the joint
resolution and the Chairman and Ranking Member of each committee with
jurisdiction over the subject matter of the rule an analysis on the
cost of the rule to the economy and projected economic impact if the
rule ceases to be in effect.
(f) Rules Upheld or Promulgated Based on Chevron.--
(1) In general.--This Act applies to rules with respect to
which--
(A) the agency explicitly relied on Chevron
deference in the notice of proposed rulemaking; or
(B) a Federal court upheld the rule based on
Chevron deference.
(2) Nullification of rules disapproved by congress.--Any
rule that is disapproved under section 4 shall be treated as
though such rule had never taken effect.
(3) No inference to be drawn where rules not disapproved.--
If a joint resolution is not enacted under section 4, no court
or agency may infer any intent of Congress from any action or
inaction of Congress with regard to such rule, related statute,
or joint resolution of disapproval.
SEC. 4. CONGRESSIONAL DISAPPROVAL PROCEDURE.
(a) Joint Resolution Defined.--For the purposes of this section,
the term ``joint resolution'' means only a joint resolution, the matter
after the resolving clause of which is as follows: ``That Congress
disapproves the rule submitted by the ___ relating to ___, with respect
to which [the agency explicitly relied on Chevron deference in the
notice of proposed rulemaking _______/ a Federal court upheld the rule
based on Chevron deference in ______.'' (the blank spaces are
appropriately filled in).
(b) Referral.--A joint resolution described in subsection (a) shall
be referred to the committees in each House of Congress with
jurisdiction.
(c) Discharge.--If the committee to which is referred a joint
resolution described in subsection (a) has not reported such joint
resolution (or an identical resolution) at the end of 20 calendar days
after the submission or introduction of legislation to disapprove the
rule, such committee may be discharged from further consideration of
such joint resolution and placed on the appropriate calendar of the
House involved--
(1) in the Senate, upon a petition supported in writing by
30 Members of the Senate; and
(2) in the House of Representatives, upon a petition
supported in writing by one-fourth of the Members duly sworn
and chosen, or by motion of the Speaker supported by the
Minority Leader.
(d) Floor Consideration.--
(1) In general.--When the committee to which a joint
resolution is referred has reported, or when a committee is
discharged (under subsection (c)) from further consideration
of, a joint resolution described in subsection (a), it is at
any time thereafter in order (even though a previous motion to
the same effect has been disagreed to) for a motion to proceed
to the consideration of the joint resolution, and all points of
order against the joint resolution (and against consideration
of joint resolution) are waived. The motion is not subject to
amendment, to a motion to postpone, or to a motion to proceed
to the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall
not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the joint resolution shall
remain the unfinished business of the respective House until
disposed of.
(2) Debate.--Debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall be divided
equally between those favoring and those opposing the
resolution. A motion further to limit debate is in order and
not debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or a
motion to recommit the resolution is not in order.
(3) Final passage.--Immediately following the conclusion of
the debate on a resolution described in subsection (a), and a
single quorum call at the conclusion of the debate if requested
in accordance with the rules of the appropriate House, the vote
on final passage of the resolution shall occur.
(4) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate or the
House of Representatives, as the case may be, to the procedure
relating to a resolution described in subsection (a) shall be
decided without debate.
(5) Treatment if other house has acted.--If, before the
passage by one House of a resolution of that House described in
subsection (a), that House receives from the other House a
resolution described in subsection (a), then the following
procedures shall apply:
(A) Nonreferral.--The resolution of the other House
shall not be referred to a committee.
(B) Final passage.--With respect to a resolution
described in subsection (a) of the House receiving the
resolution--
(i) the procedure in that House shall be
the same as if no resolution had been received
from the other House; but
(ii) the vote on final passage shall be on
the resolution of the other House.
(e) Constitutional Authority.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such it
is deemed a part of the rules of each House, respectively, but
applicable only with respect to procedure to be followed in
this section, and it supersedes other rules only to the extent
that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 5. DEFINITIONS.
For the purposes of this Act:
(1) Agency.--The term ``agency'' has the meaning given such
term in section 551(1) of title 5, United States Code.
(2) Rule.--The term ``rule'' has the meaning given such
term in section 804 of title 5, United States Code, except that
such term does not include any rule related to monetary policy
made by Board of Governors of the Federal Reserve System or the
Federal Open Market Committee.
(3) Chevron deference.--The term ``Chevron deference''
means the legal doctrine of judicial deference under Chevron
U.S.A., Inc. v. Natural Resources Defense Council, Inc. (467
U.S. 837 (1984)).
SEC. 6. JUDICIAL REVIEW.
No determination, finding, action, or omission under this Act
shall be subject to judicial review.
SEC. 7. SEVERABILITY.
If any provision of this Act, or the application of any provision
of this Act to any person or circumstance, is held invalid, the
application of such provision to other persons or circumstances, and
the remainder of this Act, shall not be affected thereby.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Accountability, Rules, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Accountability, Rules, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Accountability, Rules, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Accountability, Rules, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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