Chevron Re-Review Act

Bill: 118-hr-10300
Sponsor: full_name: Rep. Bice, Stephanie I. [R-OK-5]
Introduced: 2024-12-05
Policy area: Government Operations and Politics
Latest action: action_date: 2024-12-05
text: 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.

Summaries:

tv_txt: fI 118th CONGRESS 2d Session H. R. 10300 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. Short title This Act may be cited as the Congressional Re-Review Act or the Chevron Re-Review Act . 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. 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. 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. 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)). 6. Judicial review No determination, finding, action, or omission under this Act shall be subject to judicial review. 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.