II 

118TH CONGRESS 

2D SESSION S. 4987 

To codify Chevron deference. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2024 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To codify Chevron deference. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restoring Congres5 sional Authority Act’’. 

6 SEC. 2. SCOPE OF JUDICIAL REVIEW OF AGENCY ACTIONS. 

7 (a) IN GENERAL.—Section 706 of title 5, United 

8 States Code, is amended— 

9 (1) by striking ‘‘To the extent necessary’’ and 

10 inserting the following: 

11 ‘‘(a) IN GENERAL.—To the extent necessary’’; and 

12 (2) by adding at the end the following: 


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1 ‘‘(b) DEFERENCE TO REASONABLE INTERPRETATION

2 OF AGENCY.— 

3 ‘‘(1) DEFINITION OF COVERED PROVISION.—In 

4 this subsection, the term ‘covered provision’, with re5 spect to an agency, means a statutory provision that 

6 the agency has authority to implement. 

7 ‘‘(2) LIMITATION ON RELIEF.—In reviewing 

8 under subsection (a) an agency action that is alleged 

9 to violate a covered provision, if the agency action 

10 complied with the covered provision as interpreted 

11 by the agency, the reviewing court may order relief 

12 only if the interpretation by the agency of the cov13 ered provision was not reasonable. 

14 ‘‘(3) CONSIDERATION OF CONGRESSIONAL IN15 TENT.— 

16 ‘‘(A) IN GENERAL.—In reviewing the rea17 sonableness of an agency’s interpretation of a 

18 covered provision under paragraph (1), the re19 viewing court shall consider congressional intent 

20 with respect to the covered provision. 

21 ‘‘(B) DETERMINATION OF CONGRESSIONAL

22 INTENT.—In order to determine congressional 

23 intent with respect to a covered provision under 

24 subparagraph (A), the reviewing court shall 


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1 consider, in addition to the text of the covered 

2 provision, only— 

3 ‘‘(i) any statement about the legisla4 tion that created the covered provision— 

5 ‘‘(I) made— 

6 ‘‘(aa) by a Member of Con7 gress during deliberation of an 

8 applicable congressional com9 mittee regarding the legislation; 

10 or 

11 ‘‘(bb) in the report of an ap12 plicable congressional committee 

13 with respect to the legislation; or 

14 ‘‘(II) made by a Member of Con15 gress on the floor of the Senate or the 

16 House of Representatives; 

17 ‘‘(ii) any letter about or relating to 

18 the legislation that created the covered 

19 provision circulated by the Member of Con20 gress who sponsored the legislation, includ21 ing— 

22 ‘‘(I) a letter commonly known as 

23 a ‘Dear Colleague letter’; or 

24 ‘‘(II) a letter sent to a Federal 

25 agency that would be impacted by the 


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1 legislation, the response to which in2 formed the drafting of the legislation; 

3 ‘‘(iii) any press release issued by a 

4 Member of Congress about the legislation 

5 that created the covered provision; and 

6 ‘‘(iv) any statement, letter, or press 

7 release that satisfies the requirements 

8 under clause (i), (ii), or (iii), respectively, 

9 except that the statement, letter, or press 

10 release was about or relating to (as appli11 cable) companion legislation, or other near12 ly identical legislation, to the legislation 

13 that created the covered provision. 

14 ‘‘(c) FAST-TRACK CONSIDERATION OF LEGISLATION

15 OVERTURNING CERTAIN COURT DECISIONS.— 

16 ‘‘(1) DEFINITIONS.—In this subsection: 

17 ‘‘(A) COVERED DECISION.—The term ‘cov18 ered decision’ means a decision of a court of ap19 peals of the United States under subsection (a) 

20 that an agency action violated a covered provi21 sion (as defined in subsection (b)) because the 

22 agency’s interpretation of the covered provision 

23 was not reasonable, as described in subsection 

24 (b)(2). 


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1 ‘‘(B) COVERED RESOLUTION.—The term 

2 ‘covered resolution’ means only a joint resolu3 tion— 

4 ‘‘(i) introduced during the period be5 ginning on the date on which a covered de6 cision is issued and ending 60 days there7 after (excluding days either House of Con8 gress is adjourned for more than 3 days 

9 during a session of Congress); and 

10 ‘‘(ii) the matter after the resolving 

11 clause of which contains only— 

12 ‘‘(I) a citation to the covered de13 cision; 

14 ‘‘(II) a statement that Congress 

15 disapproves the covered decision; and 

16 ‘‘(III) any language necessary to 

17 overturn the covered decision and au18 thorize the invalidated agency action. 

19 ‘‘(2) REFERRAL.—A covered resolution shall be 

20 referred to the committees in each House of Con21 gress with jurisdiction. 

22 ‘‘(3) SENATE PROCEDURES.— 

23 ‘‘(A) DISCHARGE OF COMMITTEE.—In the 

24 Senate, if the committee to which is referred a 

25 covered resolution has not reported the covered 


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1 resolution (or an identical joint resolution) at 

2 the end of 20 calendar days after its introduc3 tion, the committee may be discharged from 

4 further consideration of the covered resolution 

5 upon a petition supported in writing by 30 

6 Members of the Senate, and the covered resolu7 tion shall be placed on the calendar. 

8 ‘‘(B) FLOOR CONSIDERATION.— 

9 ‘‘(i) IN GENERAL.—In the Senate, 

10 when the committee to which a covered 

11 resolution is referred has reported, or when 

12 a committee is discharged (under subpara13 graph (A)) from further consideration of a 

14 covered resolution, it is at any time there15 after in order (even though a previous mo16 tion to the same effect has been disagreed 

17 to) for a motion to proceed to the consider18 ation of the covered resolution, and all 

19 points of order against the covered resolu20 tion (and against consideration of the cov21 ered resolution) are waived. The motion is 

22 not subject to amendment, or to a motion 

23 to postpone, or to a motion to proceed to 

24 the consideration of other business. A mo25 tion to reconsider the vote by which the 


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1 motion is agreed to or disagreed to shall 

2 not be in order. If a motion to proceed to 

3 the consideration of the covered resolution 

4 is agreed to, the covered resolution shall 

5 remain the unfinished business of the Sen6 ate until disposed of. 

7 ‘‘(ii) DEBATE.—In the Senate, debate 

8 on the covered resolution, and on all debat9 able motions and appeals in connection 

10 therewith, shall be limited to not more 

11 than 10 hours, which shall be divided 

12 equally between those favoring and those 

13 opposing the covered resolution. A motion 

14 further to limit debate is in order and not 

15 debatable. An amendment to, or a motion 

16 to postpone, or a motion to proceed to the 

17 consideration of other business, or a mo18 tion to recommit the covered resolution is 

19 not in order. 

20 ‘‘(iii) VOTE ON FINAL PASSAGE.—In 

21 the Senate, immediately following the con22 clusion of the debate on a covered resolu23 tion, and a single quorum call at the con24 clusion of the debate if requested in ac25 cordance with the rules of the Senate, the 


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1 vote on final passage of the covered resolu2 tion shall occur. 

3 ‘‘(iv) RULINGS OF THE CHAIR ON

4 PROCEDURE.—Appeals from the decisions 

5 of the Chair relating to the application of 

6 the rules of the Senate to the procedure re7 lating to a covered resolution shall be de8 cided without debate. 

9 ‘‘(C) EXPIRATION OF PROCEDURES.—In 

10 the Senate, the procedure specified in subpara11 graph (A) or (B) shall not apply to the consid12 eration of a joint resolution respecting a cov13 ered decision— 

14 ‘‘(i) after the expiration of the 60 ses15 sion days beginning with the date on which 

16 the covered decision is issued; or 

17 ‘‘(ii) if the covered decision is issued 

18 during the period referred to in subsection 

19 (d)(1), after the expiration of the 60 ses20 sion days beginning on the 15th session 

21 day after the succeeding session of Con22 gress first convenes. 

23 ‘‘(4) COORDINATION WITH ACTION BY OTHER

24 HOUSE.—If, before the passage by one House of a 

25 covered resolution of that House, that House reVerDate Sep 11 2014 20:27 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4987.IS S4987

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1 ceives from the other House a covered resolution, 

2 then the following procedures shall apply: 

3 ‘‘(A) The covered resolution of the other 

4 House shall not be referred to a committee. 

5 ‘‘(B) With respect to a covered resolution 

6 of the House receiving the covered resolution— 

7 ‘‘(i) the procedure in that House shall 

8 be the same as if no covered resolution had 

9 been received from the other House; but 

10 ‘‘(ii) the vote on final passage shall be 

11 on the covered resolution of the other 

12 House. 

13 ‘‘(5) RULES OF SENATE AND HOUSE OF REP14 RESENTATIVES.—This subsection is enacted by Con15 gress— 

16 ‘‘(A) as an exercise of the rulemaking 

17 power of the Senate and House of Representa18 tives, respectively, and as such it is deemed a 

19 part of the rules of each House, respectively, 

20 but applicable only with respect to the proce21 dure to be followed in that House in the case 

22 of a covered resolution, and it supersedes other 

23 rules only to the extent that it is inconsistent 

24 with such rules; and 


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1 ‘‘(B) with full recognition of the constitu2 tional right of either House to change the rules 

3 (so far as relating to the procedure of that 

4 House) at any time, in the same manner, and 

5 to the same extent as in the case of any other 

6 rule of that House. 

7 ‘‘(d) FAST-TRACK CONSIDERATION OF LEGISLATION

8 OVERTURNING CERTAIN COURT DECISIONS ISSUED NEAR

9 END OF CONGRESSIONAL SESSION OR BETWEEN SES10 SIONS.— 

11 ‘‘(1) IN GENERAL.—In addition to the oppor12 tunity for legislative review otherwise provided under 

13 subsection (c), in the case of any covered decision 

14 (as defined in that subsection) that is issued during 

15 the period beginning on the date occurring, in the 

16 case of the Senate, 60 session days, or in the case 

17 of the House of Representatives, 60 legislative days, 

18 before the date on which Congress adjourns a ses19 sion of Congress through the date on which the 

20 same or succeeding Congress first convenes its next 

21 session, subsection (c) shall apply to the covered de22 cision in the succeeding session of Congress. 

23 ‘‘(2) DEEMED DATE OF COURT DECISION.—In 

24 applying subsection (c) for purposes of the addi25 tional legislative review described in paragraph (1) 


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1 of this subsection, a covered decision described in 

2 that paragraph shall be treated as though the cov3 ered decision were issued on, in the case of the Sen4 ate, the 15th session day, or, in the case of the 

5 House of Representatives, the 15th legislative day, 

6 after the succeeding session of Congress first con7 venes.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) CONGRESSIONAL ACCOUNTABILITY ACT OF

10 1995.—Section 409 of the Congressional Account11 ability Act of 1995 (2 U.S.C. 1409) is amended— 

12 (A) by striking ‘‘subparagraphs (A) 

13 through (D) of section 706(2)’’ and inserting 

14 ‘‘subparagraphs (A) through (D) of section 

15 706(a)(2)’’; and 

16 (B) by striking ‘‘section 706(2)(B)’’ and 

17 inserting ‘‘section 706(a)(2)(B)’’. 

18 (2) UNFUNDED MANDATES REFORM ACT OF

19 1995.—Section 401(a)(2)(A) of the Unfunded Man20 dates Reform Act of 1995 (2 U.S.C. 1571(a)(2)(A)) 

21 is amended by striking ‘‘section 706(1)’’ and insert22 ing ‘‘section 706(a)(1)’’. 

23 (3) UNITED STATES WAREHOUSE ACT.—Section 

24 13(d)(2) of the United States Warehouse Act (7 


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1 U.S.C. 252(d)(2)) is amended by striking ‘‘section 

2 706(2)’’ and inserting ‘‘section 706(a)(2)’’. 

3 (4) TITLE 11, UNITED STATES CODE.—Section 

4 1172(b) of title 11, United States Code, is amended 

5 by striking ‘‘sections 706(2)(A), 706(2)(B), 

6 706(2)(C), and 706(2)(D)’’ and inserting ‘‘subpara7 graphs (A) through (D) of section 706(a)(2)’’. 

8 (5) TITLE 14, UNITED STATES CODE.—Section 

9 2507(b)(2)(A) of title 14, United States Code, is 

10 amended by striking ‘‘section 706(1)’’ and inserting 

11 ‘‘section 706(a)(1)’’. 

12 (6) FEDERAL TRADE COMMISSION ACT.—Sec13 tion 18(e) of the Federal Trade Commission Act (15 

14 U.S.C. 57a(e)) is amended— 

15 (A) in paragraph (3), in the matter pre16 ceding subparagraph (A), by striking ‘‘section 

17 706(2)’’ and inserting ‘‘section 706(a)(2)’’; and 

18 (B) in paragraph (5)(C), by striking ‘‘sec19 tion 706(2)(E)’’ and inserting ‘‘section 

20 706(a)(2)(E)’’. 

21 (7) FEDERAL HAZARDOUS SUBSTANCES ACT.— 

22 Section 3(e)(3)(C) of the Federal Hazardous Sub23 stances Act (15 U.S.C. 1262(e)(3)(C)) is amended 

24 by striking ‘‘section 706’’ and inserting ‘‘section 

25 706(a)’’. 


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1 (8) POISON PREVENTION PACKAGING ACT OF

2 1970.—Section 5(b)(3) of the Poison Prevention 

3 Packaging Act of 1970 (15 U.S.C. 1474(b)(3)) is 

4 amended by striking ‘‘section 706’’ and inserting 

5 ‘‘section 706(a)’’. 

6 (9) TOXIC SUBSTANCES CONTROL ACT.—Sec7 tion 19(c)(1)(B) of the Toxic Substances Control 

8 Act (15 U.S.C. 2618(c)(1)(B)) is amended by strik9 ing ‘‘706’’ each place it appears and inserting 

10 ‘‘706(a)’’. 

11 (10) FASTENER QUALITY ACT.—Section 6(b)(3) 

12 of the Fastener Quality Act (15 U.S.C. 5408(b)(3)) 

13 is amended by striking ‘‘section 706(2)’’ and insert14 ing ‘‘section 706(a)(2)’’. 

15 (11) NORTHERN PACIFIC HALIBUT ACT OF

16 1982.—Section 8(b) of the Northern Pacific Halibut 

17 Act of 1982 (16 U.S.C. 773f(b)) is amended by 

18 striking ‘‘section 706(2)’’ and inserting ‘‘section 

19 706(a)(2)’’. 

20 (12) SOUTH PACIFIC TUNA ACT OF 1988.—Sec21 tion 8(b) of the South Pacific Tuna Act of 1988 (16 

22 U.S.C. 973f(b)) is amended by striking ‘‘section 

23 706(2)’’ and inserting ‘‘section 706(a)(2)’’. 

24 (13) MARINE MAMMAL PROTECTION ACT OF

25 1972.—Section 109(c)(4) of the Marine Mammal 


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1 Protection Act of 1972 (16 U.S.C. 1379(c)(4)) is 

2 amended by striking ‘‘section 706(2) (A) through 

3 (E)’’ and inserting ‘‘subparagraphs (A) through (E) 

4 of section 706(a)(2)’’. 

5 (14) MAGNUSON-STEVENS FISHERY CONSERVA6 TION AND MANAGEMENT ACT.—Section 308(b) of 

7 the Magnuson-Stevens Fishery Conservation and 

8 Management Act (16 U.S.C. 1858(b)) is amended 

9 by striking ‘‘section 706(2)’’ and inserting ‘‘section 

10 706(a)(2)’’. 

11 (15) ANTARCTIC MARINE LIVING RESOURCES

12 CONVENTION ACT OF 1984.—Section 308(c) of the 

13 Antarctic Marine Living Resources Convention Act 

14 of 1984 (16 U.S.C. 2437(c)) is amended by striking 

15 ‘‘section 706(2)(E)’’ and inserting ‘‘section 

16 706(a)(2)(E)’’. 

17 (16) ALASKA NATIONAL INTEREST LANDS CON18 SERVATION ACT.—Section 1002(g)(2) of the Alaska 

19 National Interest Lands Conservation Act (16 

20 U.S.C. 3142(g)(2)) is amended by striking ‘‘section 

21 706(2)(E)’’ and inserting ‘‘section 706(a)(2)(E)’’. 

22 (17) FISHERIES ACT OF 1995.—Section 108(d) 

23 of the Fisheries Act of 1995 (16 U.S.C. 5507(d)) is 

24 amended by striking ‘‘section 706(2)’’ and inserting 

25 ‘‘section 706(a)(2)’’. 


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1 (18) TARIFF ACT OF 1930.—Section 777(f)(5) 

2 of the Tariff Act of 1930 (19 U.S.C. 1677f(f)(5)) is 

3 amended by striking ‘‘section 706(2)’’ and inserting 

4 ‘‘section 706(a)(2)’’. 

5 (19) FEDERAL FOOD, DRUG, AND COSMETIC

6 ACT.—Section 912(b) of the Federal Food, Drug, 

7 and Cosmetic Act (21 U.S.C. 387l(b)) is amended 

8 by striking ‘‘section 706(2)(A)’’ and inserting ‘‘sec9 tion 706(a)(2)(A)’’. 

10 (20) TITLE 28, UNITED STATES CODE.—Section 

11 3902 of title 28, United States Code, is amended by 

12 striking ‘‘section 706(2)’’ and inserting ‘‘section 

13 706(a)(2)’’. 

14 (21) MIGRANT AND SEASONAL AGRICULTURAL

15 WORKER PROTECTION ACT.—The Migrant and Sea16 sonal Agricultural Worker Protection Act (29 U.S.C. 

17 1801 et seq.) is amended— 

18 (A) in section 103(c) (29 U.S.C. 1813(c)), 

19 by striking ‘‘section 706(2)(E)’’ and inserting 

20 ‘‘section 706(a)(2)(E)’’; and 

21 (B) in section 503(c) (29 U.S.C. 1853(c)), 

22 by striking ‘‘section 706(2)(E)’’ and inserting 

23 ‘‘section 706(a)(2)(E)’’. 

24 (22) DEEP SEABED HARD MINERAL RESOURCES

25 ACT.—Section 302(b) of the Deep Seabed Hard 


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1 Mineral Resources Act (30 U.S.C. 1462(b)) is 

2 amended by striking ‘‘section 706(2)(E)’’ and insert3 ing ‘‘section 706(a)(2)(E)’’. 

4 (23) PUBLIC HEALTH SERVICE ACT.—Section 

5 2723(b)(2)(E)(iii) of the Public Health Service Act 

6 (42 U.S.C. 300gg–22(b)(2)(E)(iii)) is amended by 

7 striking ‘‘section 706(2)(E)’’ and inserting ‘‘section 

8 706(a)(2)(E)’’. 

9 (24) SOCIAL SECURITY ACT.—Section 410(c)(2) 

10 of the Social Security Act (42 U.S.C. 610(c)(2)) is 

11 amended by striking ‘‘section 706(2)’’ and inserting 

12 ‘‘section 706(a)(2)’’. 

13 (25) OCEAN THERMAL ENERGY CONVERSION

14 ACT OF 1980.—Section 302(c)(2) of the Ocean Ther15 mal Energy Conversion Act of 1980 (42 U.S.C. 

16 9152(c)(2)) is amended by striking ‘‘section 706(2)’’ 

17 and inserting ‘‘section 706(a)(2)’’. 

18 (26) REGIONAL RAIL REORGANIZATION ACT OF

19 1973.—Section 216(c)(3) of the Regional Rail Reor20 ganization Act of 1973 (45 U.S.C. 726(c)(3)) is 

21 amended by striking ‘‘section 706(2)’’ and inserting 

22 ‘‘section 706(a)(2)’’. 

23 (27) MILWAUKEE RAILROAD RESTRUCTURING

24 ACT.—The Milwaukee Railroad Restructuring Act 

25 (45 U.S.C. 901 et seq.) is amended— 


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1 (A) in section 5(b)(2) (45 U.S.C. 

2 904(b)(2)), by striking ‘‘sections 706(2)(A), 

3 706(2)(B), 706(2)(C), and 706(2)(D)’’ and in4 serting ‘‘subparagraphs (A) through (D) of sec5 tion 706(a)(2)’’; and 

6 (B) in section 17(b)(2) (45 U.S.C. 

7 915(b)(2)), by striking ‘‘sections 706(2)(A), 

8 706(2)(B), 706(2)(C), and 706(2)(D)’’ and in9 serting ‘‘subparagraphs (A) through (D) of sec10 tion 706(a)(2)’’. 

11 (28) TITLE 46, UNITED STATES CODE.—Section 

12 102(c)(3)(B) of title 46, United States Code, is 

13 amended by striking ‘‘section 706(2)(E)’’ and insert14 ing ‘‘section 706(a)(2)(E)’’. 

Æ 


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