II 118th CONGRESS 2d Session S. 4987 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. Short title This Act may be cited as the Restoring Congressional Authority Act . 2. Scope of judicial review of agency actions (a) In general Section 706 of title 5, United States Code, is amended— (1) by striking To the extent necessary and inserting the following: (a) In general To the extent necessary ; and (2) by adding at the end the following: (b) Deference to reasonable interpretation of agency (1) Definition of covered provision In this subsection, the term covered provision , with respect to an agency, means a statutory provision that the agency has authority to implement. (2) Limitation on relief In reviewing under subsection (a) an agency action that is alleged to violate a covered provision, if the agency action complied with the covered provision as interpreted by the agency, the reviewing court may order relief only if the interpretation by the agency of the covered provision was not reasonable. (3) Consideration of congressional intent (A) In general In reviewing the reasonableness of an agency's interpretation of a covered provision under paragraph (1), the reviewing court shall consider congressional intent with respect to the covered provision. (B) Determination of congressional intent In order to determine congressional intent with respect to a covered provision under subparagraph (A), the reviewing court shall consider, in addition to the text of the covered provision, only— (i) any statement about the legislation that created the covered provision— (I) made— (aa) by a Member of Congress during deliberation of an applicable congressional committee regarding the legislation; or (bb) in the report of an applicable congressional committee with respect to the legislation; or (II) made by a Member of Congress on the floor of the Senate or the House of Representatives; (ii) any letter about or relating to the legislation that created the covered provision circulated by the Member of Congress who sponsored the legislation, including— (I) a letter commonly known as a Dear Colleague letter ; or (II) a letter sent to a Federal agency that would be impacted by the legislation, the response to which informed the drafting of the legislation; (iii) any press release issued by a Member of Congress about the legislation that created the covered provision; and (iv) any statement, letter, or press release that satisfies the requirements under clause (i), (ii), or (iii), respectively, except that the statement, letter, or press release was about or relating to (as applicable) companion legislation, or other nearly identical legislation, to the legislation that created the covered provision. (c) Fast-Track consideration of legislation overturning certain court decisions (1) Definitions In this subsection: (A) Covered decision The term covered decision means a decision of a court of appeals of the United States under subsection (a) that an agency action violated a covered provision (as defined in subsection (b)) because the agency's interpretation of the covered provision was not reasonable, as described in subsection (b)(2). (B) Covered resolution The term covered resolution means only a joint resolution— (i) introduced during the period beginning on the date on which a covered decision is issued and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress); and (ii) the matter after the resolving clause of which contains only— (I) a citation to the covered decision; (II) a statement that Congress disapproves the covered decision; and (III) any language necessary to overturn the covered decision and authorize the invalidated agency action. (2) Referral A covered resolution shall be referred to the committees in each House of Congress with jurisdiction. (3) Senate procedures (A) Discharge of committee In the Senate, if the committee to which is referred a covered resolution has not reported the covered resolution (or an identical joint resolution) at the end of 20 calendar days after its introduction, the committee may be discharged from further consideration of the covered resolution upon a petition supported in writing by 30 Members of the Senate, and the covered resolution shall be placed on the calendar. (B) Floor consideration (i) In general In the Senate, when the committee to which a covered resolution is referred has reported, or when a committee is discharged (under subparagraph (A)) from further consideration of a covered resolution, 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 covered resolution, and all points of order against the covered resolution (and against consideration of the covered resolution) are waived. The motion is not subject to amendment, or 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 covered resolution is agreed to, the covered resolution shall remain the unfinished business of the Senate until disposed of. (ii) Debate In the Senate, debate on the covered 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 covered 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 covered resolution is not in order. (iii) Vote on final passage In the Senate, immediately following the conclusion of the debate on a covered resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the covered resolution shall occur. (iv) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a covered resolution shall be decided without debate. (C) Expiration of procedures In the Senate, the procedure specified in subparagraph (A) or (B) shall not apply to the consideration of a joint resolution respecting a covered decision— (i) after the expiration of the 60 session days beginning with the date on which the covered decision is issued; or (ii) if the covered decision is issued during the period referred to in subsection (d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. (4) Coordination with action by other house If, before the passage by one House of a covered resolution of that House, that House receives from the other House a covered resolution, then the following procedures shall apply: (A) The covered resolution of the other House shall not be referred to a committee. (B) With respect to a covered resolution of the House receiving the covered resolution— (i) the procedure in that House shall be the same as if no covered resolution had been received from the other House; but (ii) the vote on final passage shall be on the covered resolution of the other House. (5) Rules of Senate and House of Representatives This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and 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 the procedure to be followed in that House in the case of a covered resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) 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. (d) Fast-Track consideration of legislation overturning certain court decisions issued near end of congressional session or between sessions (1) In general In addition to the opportunity for legislative review otherwise provided under subsection (c), in the case of any covered decision (as defined in that subsection) that is issued during the period beginning on the date occurring, in the case of the Senate, 60 session days, or in the case of the House of Representatives, 60 legislative days, before the date on which Congress adjourns a session of Congress through the date on which the same or succeeding Congress first convenes its next session, subsection (c) shall apply to the covered decision in the succeeding session of Congress. (2) Deemed date of court decision In applying subsection (c) for purposes of the additional legislative review described in paragraph (1) of this subsection, a covered decision described in that paragraph shall be treated as though the covered decision were issued on, in the case of the Senate, the 15th session day, or, in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes. . (b) Technical and conforming amendments (1) Congressional Accountability Act of 1995 Section 409 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1409 ) is amended— (A) by striking subparagraphs (A) through (D) of section 706(2) and inserting subparagraphs (A) through (D) of section 706(a)(2) ; and (B) by striking section 706(2)(B) and inserting section 706(a)(2)(B) . (2) Unfunded Mandates Reform Act of 1995 Section 401(a)(2)(A) of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1571(a)(2)(A) ) is amended by striking section 706(1) and inserting section 706(a)(1) . (3) United States Warehouse Act Section 13(d)(2) of the United States Warehouse Act ( 7 U.S.C. 252(d)(2) ) is amended by striking section 706(2) and inserting section 706(a)(2) . (4) Title 11, United States Code Section 1172(b) of title 11, United States Code, is amended by striking sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) and inserting subparagraphs (A) through (D) of section 706(a)(2) . (5) Title 14, United States Code Section 2507(b)(2)(A) of title 14, United States Code, is amended by striking section 706(1) and inserting section 706(a)(1) . (6) Federal Trade Commission Act Section 18(e) of the Federal Trade Commission Act ( 15 U.S.C. 57a(e) ) is amended— (A) in paragraph (3), in the matter preceding subparagraph (A), by striking section 706(2) and inserting section 706(a)(2) ; and (B) in paragraph (5)(C), by striking section 706(2)(E) and inserting section 706(a)(2)(E) . (7) Federal Hazardous Substances Act Section 3(e)(3)(C) of the Federal Hazardous Substances Act ( 15 U.S.C. 1262(e)(3)(C) ) is amended by striking section 706 and inserting section 706(a) . (8) Poison Prevention Packaging Act of 1970 Section 5(b)(3) of the Poison Prevention Packaging Act of 1970 ( 15 U.S.C. 1474(b)(3) ) is amended by striking section 706 and inserting section 706(a) . (9) Toxic Substances Control Act Section 19(c)(1)(B) of the Toxic Substances Control Act ( 15 U.S.C. 2618(c)(1)(B) ) is amended by striking 706 each place it appears and inserting 706(a) . (10) Fastener Quality Act Section 6(b)(3) of the Fastener Quality Act ( 15 U.S.C. 5408(b)(3) ) is amended by striking section 706(2) and inserting section 706(a)(2) . (11) Northern Pacific Halibut Act of 1982 Section 8(b) of the Northern Pacific Halibut Act of 1982 ( 16 U.S.C. 773f(b) ) is amended by striking section 706(2) and inserting section 706(a)(2) . (12) South Pacific Tuna Act of 1988 Section 8(b) of the South Pacific Tuna Act of 1988 ( 16 U.S.C. 973f(b) ) is amended by striking section 706(2) and inserting section 706(a)(2) . (13) Marine Mammal Protection Act of 1972 Section 109(c)(4) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1379(c)(4) ) is amended by striking section 706(2) (A) through (E) and inserting subparagraphs (A) through (E) of section 706(a)(2) . (14) Magnuson-Stevens Fishery Conservation and Management Act Section 308(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858(b) ) is amended by striking section 706(2) and inserting section 706(a)(2) . (15) Antarctic Marine Living Resources Convention Act of 1984 Section 308(c) of the Antarctic Marine Living Resources Convention Act of 1984 ( 16 U.S.C. 2437(c) ) is amended by striking section 706(2)(E) and inserting section 706(a)(2)(E) . (16) Alaska National Interest Lands Conservation Act Section 1002(g)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142(g)(2) ) is amended by striking section 706(2)(E) and inserting section 706(a)(2)(E) . (17) Fisheries Act of 1995 Section 108(d) of the Fisheries Act of 1995 ( 16 U.S.C. 5507(d) ) is amended by striking section 706(2) and inserting section 706(a)(2) . (18) Tariff Act of 1930 Section 777(f)(5) of the Tariff Act of 1930 ( 19 U.S.C. 1677f(f)(5) ) is amended by striking section 706(2) and inserting section 706(a)(2) . (19) Federal Food, Drug, and Cosmetic Act Section 912(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387l(b) ) is amended by striking section 706(2)(A) and inserting section 706(a)(2)(A) . (20) Title 28, United States Code Section 3902 of title 28, United States Code, is amended by striking section 706(2) and inserting section 706(a)(2) . (21) Migrant and Seasonal Agricultural Worker Protection Act The Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. ) is amended— (A) in section 103(c) ( 29 U.S.C. 1813(c) ), by striking section 706(2)(E) and inserting section 706(a)(2)(E) ; and (B) in section 503(c) ( 29 U.S.C. 1853(c) ), by striking section 706(2)(E) and inserting section 706(a)(2)(E) . (22) Deep Seabed Hard Mineral Resources Act Section 302(b) of the Deep Seabed Hard Mineral Resources Act ( 30 U.S.C. 1462(b) ) is amended by striking section 706(2)(E) and inserting section 706(a)(2)(E) . (23) Public Health Service Act Section 2723(b)(2)(E)(iii) of the Public Health Service Act ( 42 U.S.C. 300gg–22(b)(2)(E)(iii) ) is amended by striking section 706(2)(E) and inserting section 706(a)(2)(E) . (24) Social Security Act Section 410(c)(2) of the Social Security Act ( 42 U.S.C. 610(c)(2) ) is amended by striking section 706(2) and inserting section 706(a)(2) . (25) Ocean Thermal Energy Conversion Act of 1980 Section 302(c)(2) of the Ocean Thermal Energy Conversion Act of 1980 ( 42 U.S.C. 9152(c)(2) ) is amended by striking section 706(2) and inserting section 706(a)(2) . (26) Regional Rail Reorganization Act of 1973 Section 216(c)(3) of the Regional Rail Reorganization Act of 1973 ( 45 U.S.C. 726(c)(3) ) is amended by striking section 706(2) and inserting section 706(a)(2) . (27) Milwaukee Railroad Restructuring Act The Milwaukee Railroad Restructuring Act ( 45 U.S.C. 901 et seq. ) is amended— (A) in section 5(b)(2) ( 45 U.S.C. 904(b)(2) ), by striking sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) and inserting subparagraphs (A) through (D) of section 706(a)(2) ; and (B) in section 17(b)(2) ( 45 U.S.C. 915(b)(2) ), by striking sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) and inserting subparagraphs (A) through (D) of section 706(a)(2) . (28) Title 46, United States Code Section 102(c)(3)(B) of title 46, United States Code, is amended by striking section 706(2)(E) and inserting section 706(a)(2)(E) .