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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>
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