fI 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Congressional Re-Re3 view Act’’ or the ‘‘Chevron Re-Review Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) the Supreme Court has overturned jurispru7 dence relied upon to uphold many agency rules when 

8 Chevron deference was overturned in Loper Bright 

9 Enterprises v. Raimondo; and 

10 (2) effective steps for improving the efficiency 

11 and proper management of rules that exceed agency 

12 authority and had previously been upheld by the 

13 Chevron deference is imposed in order to prove Con14 gress an opportunity for a review of unlawful stat15 utes. 

16 SEC. 3. PROVISION OF INFORMATION FOR CONGRES17 SIONAL REVIEW OF CERTAIN RULES. 

18 (a) PROVISION OF INFORMATION BY AGENCY.—Not 

19 later than 30 days after the introduction of a joint resolu20 tion described in section 4(a), the head of the agency that 

21 made the rule shall make available to Congress and the 

22 Comptroller General of the United States, upon request— 

23 (1) a complete copy of the cost-benefit analysis 

24 of the rule, if any; 


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1 (2) the agency’s actions under sections 202, 

2 203, 204, and 205 of the Unfunded Mandates Re3 form Act of 1995 (2 U.S.C. 1532 et seq.); 

4 (3) any and all actions the agency has taken re5 lated to the rule after implementing the rule; and 

6 (4) any other relevant information or require7 ments related to the rule under any other Act and 

8 any relevant Executive order. 

9 (b) PROVISION TO COMMITTEES.—Upon receipt of 

10 the information described in subsection (a), each House 

11 of Congress shall provide copies of such information to the 

12 Chairman and Ranking Member of each committee with 

13 jurisdiction over the subject matter of the rule. 

14 (c) REPORTING BY THE COMPTROLLER GENERAL.— 

15 Not later than 30 days after the introduction of a joint 

16 resolution described in section 4(a), the Comptroller Gen17 eral shall submit to— 

18 (1) Congress a report on the rule that is the 

19 subject of the joint resolution; and 

20 (2) the sponsor of the joint resolution and the 

21 Chairman and Ranking Member of each committee 

22 with jurisdiction over the subject matter of the rule, 

23 an analysis of the copy of the cost-benefit analysis 

24 of the rule made available under subsection (a)(1). 


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1 (d) CRS REPORT.—Not later than 30 days after the 

2 introduction of a joint resolution described in section 4(a), 

3 the Director of the Congressional Research Service shall 

4 submit to the sponsor of the joint resolution and the 

5 Chairman and Ranking Member of each committee with 

6 jurisdiction over the subject matter of the rule a summary 

7 of litigation with respect to the rule, if applicable. 

8 (e) CBO REPORT.—Not later than 30 days after the 

9 introduction of a joint resolution described in section 4(a), 

10 the Director of the Congressional Budget Office shall sub11 mit to the sponsor of the joint resolution and the Chair12 man and Ranking Member of each committee with juris13 diction over the subject matter of the rule an analysis on 

14 the cost of the rule to the economy and projected economic 

15 impact if the rule ceases to be in effect. 

16 (f) RULES UPHELD OR PROMULGATED BASED ON

17 CHEVRON.— 

18 (1) IN GENERAL.—This Act applies to rules 

19 with respect to which— 

20 (A) the agency explicitly relied on Chevron 

21 deference in the notice of proposed rulemaking; 

22 or 

23 (B) a Federal court upheld the rule based 

24 on Chevron deference. 


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1 (2) NULLIFICATION OF RULES DISAPPROVED

2 BY CONGRESS.—Any rule that is disapproved under 

3 section 4 shall be treated as though such rule had 

4 never taken effect. 

5 (3) NO INFERENCE TO BE DRAWN WHERE

6 RULES NOT DISAPPROVED.—If a joint resolution is 

7 not enacted under section 4, no court or agency may 

8 infer any intent of Congress from any action or inac9 tion of Congress with regard to such rule, related 

10 statute, or joint resolution of disapproval. 

11 SEC. 4. CONGRESSIONAL DISAPPROVAL PROCEDURE. 

12 (a) JOINT RESOLUTION DEFINED.—For the pur13 poses of this section, the term ‘‘joint resolution’’ means 

14 only a joint resolution, the matter after the resolving 

15 clause of which is as follows: ‘‘That Congress disapproves 

16 the rule submitted by the lll relating to lll, with 

17 respect to which [the agency explicitly relied on Chevron 

18 deference in the notice of proposed rulemaking 

19 lllllll/ a Federal court upheld the rule based 

20 on Chevron deference in llllll.’’ (the blank 

21 spaces are appropriately filled in). 

22 (b) REFERRAL.—A joint resolution described in sub23 section (a) shall be referred to the committees in each 

24 House of Congress with jurisdiction. 


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1 (c) DISCHARGE.—If the committee to which is re2 ferred a joint resolution described in subsection (a) has 

3 not reported such joint resolution (or an identical resolu4 tion) at the end of 20 calendar days after the submission 

5 or introduction of legislation to disapprove the rule, such 

6 committee may be discharged from further consideration 

7 of such joint resolution and placed on the appropriate cal8 endar of the House involved— 

9 (1) in the Senate, upon a petition supported in 

10 writing by 30 Members of the Senate; and 

11 (2) in the House of Representatives, upon a pe12 tition supported in writing by one-fourth of the 

13 Members duly sworn and chosen, or by motion of 

14 the Speaker supported by the Minority Leader. 

15 (d) FLOOR CONSIDERATION.— 

16 (1) IN GENERAL.—When the committee to 

17 which a joint resolution is referred has reported, or 

18 when a committee is discharged (under subsection 

19 (c)) from further consideration of, a joint resolution 

20 described in subsection (a), it is at any time there21 after in order (even though a previous motion to the 

22 same effect has been disagreed to) for a motion to 

23 proceed to the consideration of the joint resolution, 

24 and all points of order against the joint resolution 

25 (and against consideration of joint resolution) are 


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1 waived. The motion is not subject to amendment, to 

2 a motion to postpone, or to a motion to proceed to 

3 the consideration of other business. A motion to re4 consider the vote by which the motion is agreed to 

5 or disagreed to shall not be in order. If a motion to 

6 proceed to the consideration of the joint resolution 

7 is agreed to, the joint resolution shall remain the un8 finished business of the respective House until dis9 posed of. 

10 (2) DEBATE.—Debate on the joint resolution, 

11 and on all debatable motions and appeals in connec12 tion therewith, shall be limited to not more than 10 

13 hours, which shall be divided equally between those 

14 favoring and those opposing the resolution. A motion 

15 further to limit debate is in order and not debatable. 

16 An amendment to, or a motion to postpone, or a mo17 tion to proceed to the consideration of other busi18 ness, or a motion to recommit the resolution is not 

19 in order. 

20 (3) FINAL PASSAGE.—Immediately following 

21 the conclusion of the debate on a resolution de22 scribed in subsection (a), and a single quorum call 

23 at the conclusion of the debate if requested in ac24 cordance with the rules of the appropriate House, 


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1 the vote on final passage of the resolution shall 

2 occur. 

3 (4) APPEALS.—Appeals from the decisions of 

4 the Chair relating to the application of the rules of 

5 the Senate or the House of Representatives, as the 

6 case may be, to the procedure relating to a resolu7 tion described in subsection (a) shall be decided 

8 without debate. 

9 (5) TREATMENT IF OTHER HOUSE HAS

10 ACTED.—If, before the passage by one House of a 

11 resolution of that House described in subsection (a), 

12 that House receives from the other House a resolu13 tion described in subsection (a), then the following 

14 procedures shall apply: 

15 (A) NONREFERRAL.—The resolution of the 

16 other House shall not be referred to a com17 mittee. 

18 (B) FINAL PASSAGE.—With respect to a 

19 resolution described in subsection (a) of the 

20 House receiving the resolution— 

21 (i) the procedure in that House shall 

22 be the same as if no resolution had been 

23 received from the other House; but 

24 (ii) the vote on final passage shall be 

25 on the resolution of the other House. 


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1 (e) CONSTITUTIONAL AUTHORITY.—This section is 

2 enacted by Congress— 

3 (1) as an exercise of the rulemaking power of 

4 the Senate and the House of Representatives, re5 spectively, and as such it is deemed a part of the 

6 rules of each House, respectively, but applicable only 

7 with respect to procedure to be followed in this sec8 tion, and it supersedes other rules only to the extent 

9 that it is inconsistent with such rules; and 

10 (2) with full recognition of the constitutional 

11 right of either House to change the rules (so far as 

12 relating to the procedure of that House) at any time, 

13 in the same manner, and to the same extent as in 

14 the case of any other rule of that House. 

15 SEC. 5. DEFINITIONS. 

16 For the purposes of this Act: 

17 (1) AGENCY.—The term ‘‘agency’’ has the 

18 meaning given such term in section 551(1) of title 

19 5, United States Code. 

20 (2) RULE.—The term ‘‘rule’’ has the meaning 

21 given such term in section 804 of title 5, United 

22 States Code, except that such term does not include 

23 any rule related to monetary policy made by Board 

24 of Governors of the Federal Reserve System or the 

25 Federal Open Market Committee. 


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1 (3) CHEVRON DEFERENCE.—The term ‘‘Chev2 ron deference’’ means the legal doctrine of judicial 

3 deference under Chevron U.S.A., Inc. v. Natural Re4 sources Defense Council, Inc. (467 U.S. 837 

5 (1984)). 

6 SEC. 6. JUDICIAL REVIEW. 

7 No determination, finding, action, or omission under 

8 this Act shall be subject to judicial review. 

9 SEC. 7. SEVERABILITY. 

10 If any provision of this Act, or the application of any 

11 provision of this Act to any person or circumstance, is held 

12 invalid, the application of such provision to other persons 

13 or circumstances, and the remainder of this Act, shall not 

14 be affected thereby. 

Æ 


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