Overview

Title

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.

ELI5 AI

Imagine there was a rule that said, "If someone is doing something, we listen to them because they know best." H.R. 10300 is like saying, "We want to look over those rules again to make sure they're still good," because a big group said we don't have to just trust them anymore.

Summary AI

H.R. 10300, known as the “Congressional Re-Review Act” or the “Chevron Re-Review Act,” proposes a system for Congress to review rules that relied on Chevron deference, a legal doctrine previously used to uphold agency rules. The bill responds to a Supreme Court decision that overturned Chevron deference, allowing Congress to review and potentially nullify rules that were made using this doctrine. It sets out specific procedures for congressional review and requires agencies and various government offices to provide detailed reports on the economic impacts and litigation history of such rules. The act also specifies that any rules disapproved by Congress would be considered as if they never took effect.

Published

2024-12-05
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-12-05
Package ID: BILLS-118hr10300ih

Bill Statistics

Size

Sections:
7
Words:
2,187
Pages:
10
Sentences:
47

Language

Nouns: 635
Verbs: 147
Adjectives: 113
Adverbs: 27
Numbers: 61
Entities: 162

Complexity

Average Token Length:
4.16
Average Sentence Length:
46.53
Token Entropy:
5.07
Readability (ARI):
25.12

AnalysisAI

General Summary of the Bill

H.R. 10300, titled the "Congressional Re-Review Act" or the "Chevron Re-Review Act," seeks to establish a process for Congress to review and potentially disapprove agency rules that were formulated with reliance on Chevron deference. Chevron deference is a legal doctrine which allows courts to defer to a federal agency's interpretation of a law that it administers, unless that interpretation is deemed unreasonable. This bill comes in the wake of an important Supreme Court decision—Loper Bright Enterprises v. Raimondo—which overturned the Chevron doctrine. The bill mandates that agencies provide significant documentation and analysis regarding the rules formulated under the effect of Chevron deference to facilitate congressional review.

Summary of Significant Issues

A notable issue is the complexity of the language used in the bill, particularly around the notion of "Chevron deference" and related procedures, which may not be easily accessible to the general public. Moreover, the bill prohibits judicial review of any actions or decisions made under its provisions, potentially removing a layer of accountability and transparency. The specified 30-day timeframe for delivering essential reports and analysis to Congress might be too hasty to ensure detailed and accurate documentation. Furthermore, the intricate procedures for congressional disapproval could be perceived as cumbersome and may cause legislative gridlock if not managed effectively.

Impact on the Public and Stakeholders

For the general public, the bill is likely to be seen as a mechanism that increases Congressional oversight over federal agencies, potentially enhancing governmental accountability. However, the lack of judicial review could raise concerns about unchecked authority and diminished transparency, triggering unease about the balance of power.

For federal agencies, the bill could introduce new challenges in communicating and justifying their rule-making processes, particularly at a time when the basis for many of their decisions (Chevron deference) has been overturned. This could require significant allocation of resources and effort to comply with the new demands for documentation and procedural adjustments.

On the legal front, attorneys and legal scholars might view the prohibition of judicial review as a significant change, limiting the role courts usually play in overseeing and checking agency actions. This could create a precedent that might impact the judicial system's oversight of administrative decisions.

Political and legislative stakeholders, including members of Congress, are positioned in a more empowered role to review agency rules, potentially increasing their influence and responsibility in shaping administrative policy. However, the detailed procedural steps required could pose a challenge, necessitating clarity and expertise to prevent procedural bottlenecks.

In conclusion, H.R. 10300 reflects substantial procedural changes in the relationship between Congress and federal agencies, with broad implications for oversight and accountability while posing practical challenges to implementation and understanding among various stakeholders.

Issues

  • The language and reliance on 'Chevron deference' throughout the bill may not be easily understood by the general public, which could lead to misinterpretation of the bill's purpose and impact, affecting public perception and understanding (Sections 2, 3, 4, 5).

  • The provision preventing judicial review of any determination, finding, action, or omission under this Act raises concerns about limiting accountability and transparency, as it prevents judicial oversight which could lead to unchecked use of power or arbitrary decision-making (Section 6).

  • The 30-day timeframe for required analyses and reports may be too short, risking the thoroughness and quality of the information provided, which could result in inadequate review by Congress (Section 3).

  • The process for congressional disapproval, including complex procedural steps and conditions, may be perceived as overly bureaucratic and could hinder effective legislative action or lead to legislative gridlock if conflicting decisions arise between the two houses (Section 4).

  • Vague language like 'effective steps' for managing rules in the findings leads to potential for differing interpretations among stakeholders, impacting the perceived intent and enforcement of the bill (Section 2).

  • Definitions that rely on external legal documents or cases, such as those for 'agency,' 'rule,' and 'Chevron deference,' necessitate cross-referencing, which may cause ambiguity and complicate understanding for those not familiar with legal norms and precedents (Section 5).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The section establishes that the Act can be called either the "Congressional Re-Review Act" or the "Chevron Re-Review Act."

2. Findings Read Opens in new tab

Summary AI

Congress recognizes that the Supreme Court's decision to overturn Chevron deference, which many agency rules depended on, leads to a need for improved management of rules that exceeded agency authority and gives Congress a chance to review such rules.

3. Provision of information for congressional review of certain rules Read Opens in new tab

Summary AI

Congress requires agencies to provide information, like cost analyses and actions taken under the Unfunded Mandates Reform Act, for congressional review of certain rules within 30 days of a joint resolution. Additionally, reports from the Comptroller General, Congressional Research Service, and Congressional Budget Office on these rules must be submitted to key members of Congress, highlighting aspects like litigation summaries and economic impacts. If Congress disapproves a rule based on Chevron deference, it’s considered as though it never took effect, but if Congress does nothing, no assumptions about their intentions can be made.

4. Congressional Disapproval Procedure Read Opens in new tab

Summary AI

The section outlines the process for Congress to disapprove a rule using a joint resolution, including how it is introduced, referred to committees, and brought to the floor for debate and a vote. It specifies that the procedure has time limits and steps for both the Senate and the House, with rules ensuring that the resolution cannot be stalled by certain amendments or motions.

5. Definitions Read Opens in new tab

Summary AI

The Definitions section of this Act explains key terms: "agency" refers to the definition in the U.S. Code, "rule" refers to a definition in the U.S. Code but excludes rules about monetary policy by the Federal Reserve, and "Chevron deference" is a legal principle based on a 1984 Supreme Court case about how courts should respect agency interpretations of law.

6. Judicial review Read Opens in new tab

Summary AI

Under this section, it states that no decisions, findings, actions, or failures to act related to this Act can be reviewed by a court.

7. Severability Read Opens in new tab

Summary AI

If any part of this Act or how it is applied to someone is found to be invalid, the rest of the Act and how it applies to others will still remain in effect.