Overview

Title

To provide for certain reforms pertaining to Chevron deference.

ELI5 AI

H.R. 8928, called the "Returning Power to the People Act of 2024," wants to make sure that courts think for themselves instead of automatically agreeing with what government agencies say about laws. It also wants rules to be clear, especially if breaking them could get someone in trouble, and helps people have a fair chance to challenge what these agencies decide.

Summary AI

H.R. 8928, titled the "Returning Power to the People Act of 2024," aims to reform how courts defer to federal agencies' interpretations of laws, known as Chevron deference. It mandates that federal agencies review past cases where they received such deference, ensures courts independently interpret statutes, and restricts agencies from making rules without clear congressional authority. The bill also requires transparency in agency actions and aims to reduce overcriminalization by stipulating that rules must clearly define intent requirements if criminal penalties are involved. Additionally, it emphasizes the right to appeal agency decisions in court and ensures fairness in administrative adjudications.

Published

2024-07-02
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-07-02
Package ID: BILLS-118hr8928ih

Bill Statistics

Size

Sections:
12
Words:
1,035
Pages:
5
Sentences:
44

Language

Nouns: 331
Verbs: 74
Adjectives: 52
Adverbs: 15
Numbers: 27
Entities: 66

Complexity

Average Token Length:
4.33
Average Sentence Length:
23.52
Token Entropy:
5.04
Readability (ARI):
14.52

AnalysisAI

General Summary of the Bill

H.R. 8928, titled the “Returning Power to the People Act of 2024,” is a piece of proposed legislation focusing on reforms related to Chevron deference, a legal principle stemming from a 1984 Supreme Court decision. Chevron deference involves courts deferring to federal agencies' interpretations of ambiguous laws within their expertise. This bill seeks to limit such deference and introduce a host of regulations designed to increase transparency, accountability, and fairness within federal agencies' rule-making processes.

Summary of Significant Issues

A core component of this bill is its attempt to curtail the influence of Chevron deference by requiring courts to interpret statutes independently rather than relying on administrative agencies’ interpretations. The bill mandates extensive audits and reassessments of past agency decisions, which could be resource-intensive given the decades-long timeframe starting from 1984.

The bill’s insistence on explicit statutory delegation may create confusion about which authorities agencies possess, potentially leading to inconsistent rule-making across departments. Additionally, the bill stipulates that all agency rules and actions must be based on materials publicly available before decisions are finalized, possibly delaying urgent governmental actions.

Concerns also arise regarding the demand for identifying and assessing agency employees' roles in interpreting laws, as the bill lacks clear criteria for such evaluations. Furthermore, by allowing appeals and trials de novo after administrative processes are exhausted, the bill could burden the judiciary with increased caseloads.

Broad Public Impact

For the general public, this bill intends to reconnect federal agency rule-making more directly with statutory mandates set by Congress. By limiting agencies’ interpretative autonomy, proponents argue it enhances civic oversight and accountability, aligning agency actions closer to legislative intent.

However, the implication of increased judicial interpretation may lead to lengthier and more complex court proceedings. This could result in uncertain regulatory environments as agencies adjust to reduced deference from courts. Such unpredictability might affect industries reliant on stable regulatory frameworks, potentially impacting consumer prices and market stability as businesses navigate new compliance landscapes.

Impact on Specific Stakeholders

Federal Agencies: The bill significantly impacts federal agencies by imposing new procedural requirements. Agencies might face challenges interpreting their authority strictly through explicit statutory language, leading to potential reductions in regulatory agility. The extensive review mandated for past interpretations could strain resources and delay current priorities.

Judiciary: Federal courts could see an increased workload as they take on a more active role in statutory interpretation, possibly requiring additional resources or reforms to handle the influx of cases.

Businesses and Regulated Entities: Firms might experience initial uncertainty as agencies recalibrate their interpretative strategies. While there could be benefits in terms of clearer legal interpretations in the long term, the transition period might introduce compliance risks and strategic adjustments for businesses.

Legal Professionals and Advocates: Opportunities for legal professionals may expand due to increased litigation and the complexity of statutory interpretations. Entities advocating for less regulatory intervention might support the bill as a means to limit federal government reach and influence over industries.

Overall, while the bill's objective is to create a more transparent and accountable federal administrative process, its implementation could introduce multiple logistical, legal, and bureaucratic challenges, affecting multiple stakeholders differently.

Issues

  • The broad reassessment required by each Federal agency dating back to 1984 in Section 3 (Agency predictability and accountability) could be resource-intensive and potentially wasteful, leading to significant government expenditures without clear guidelines on prioritization.

  • The lack of specificity and potential redundancy in Section 5 (Proper delegation) regarding the phrase 'explicitly conferred by statute' could lead to confusion and inconsistent application, impacting agencies' rule-making authority.

  • The requirement in Section 11 (Transparency in agency action) for material to be pre-published and publicly accessible before agency actions may create legal burdens and potential delays in urgent situations, affecting public policy responsiveness.

  • Section 6 (Agency employee interpretation accountability) provides no criteria for evaluating contributions by officers or employees, leading to potential inconsistencies across agencies and ethical concerns about fair employee assessment.

  • Section 10 (Fairness in administrative adjudication) allowing trial de novo could increase litigation costs and time for parties involved and burden the judiciary, making legal processes more resource-intensive.

  • The definition and scope of 'mens rea' in Sections 7 (Overcriminalization reduction) and 8 (Congressional direction in civil penalties) are unclear, potentially leading to implementation challenges and inconsistent enforcement of legal standards.

  • Section 4 (Leveling the playing field) lacks specificity about the principles of statutory interpretation, potentially leading to inconsistent legal outcomes and confusion in civil actions regarding statutory interpretation standards.

  • Section 9 (Access to independent courts) uses terms like 'independent courts' and 'explicit specification' vaguely, which could create legal ambiguities and affect individuals' rights to appeal agency determinations effectively.

  • Section 12 (Definitions) refers to legal concepts such as 'Chevron deference' without explanation, making it difficult for the general public to comprehend, potentially leading to misunderstandings about the bill's objectives.

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 first section of the bill gives its official short title, which is the “Returning Power to the People Act of 2024”.

2. GAO report on Chevron cases Read Opens in new tab

Summary AI

The section requires the Comptroller General of the United States to send a report to Congress within 180 days after the law is enacted. This report needs to identify cases involving Chevron deference and list the relevant laws and rules, as well as analyze how these cases affect private party interests.

3. Agency predictability and accountability Read Opens in new tab

Summary AI

Each Federal agency must review cases where they received a type of legal deference known as "Chevron deference" since a specific court case. They have to look at how they interpreted laws or rules, consider any different interpretations suggested by others, and then write and publish a memo explaining if they will keep, change, or reverse their original interpretation.

4. Leveling the playing field Read Opens in new tab

Summary AI

In this section, the court is instructed not to favor one party's interpretation of a law over another in civil cases. Instead, the court must interpret the law independently using established principles of statutory interpretation.

5. Proper delegation Read Opens in new tab

Summary AI

Agencies can only make rules if they have been specifically given the power to do so by a law. If they haven't been given this power, they should assume they don't have it.

6. Agency employee interpretation accountability Read Opens in new tab

Summary AI

Each government agency must evaluate its staff to find any officer or employee who significantly helps interpret laws or rules. Those who are identified will be considered to have responsibilities similar to those of special government service roles.

7. Overcriminalization reduction Read Opens in new tab

Summary AI

In this section, it says that government agencies can't make new rules that would result in criminal charges unless those rules clearly state the required intention behind the crime (known legally as "mens rea"). Also, for existing rules before this law, people cannot be prosecuted unless this requirement is met.

8. Congressional direction in civil penalties Read Opens in new tab

Summary AI

No government agency is allowed to collect fines or penalties for breaking a rule unless the law or rule specifically says that a person must have had a guilty mind, or intent, when breaking it.

9. Access to independent courts Read Opens in new tab

Summary AI

If a federal agency makes a decision in a case, this section allows people to appeal directly to a Federal district court, unless there’s a specific law that says they have to go through another process first.

10. Fairness in administrative adjudication Read Opens in new tab

Summary AI

In cases where a person cannot appeal a decision made by a federal agency to a higher court until all administrative steps are completed, this section allows the appeal to be reviewed from scratch. It also permits the appeal to include additional information or for there to be a completely new trial if requested by any involved party.

11. Transparency in agency action Read Opens in new tab

Summary AI

Any final action taken by a government agency must be based on policy documents that are already published and easy for the public to access. If a court finds that the agency's action was based on information that wasn’t clear or available to the public, that action will be invalid.

12. Definitions Read Opens in new tab

Summary AI

In this section, the bill defines that terms have specific meanings as outlined in another law, explains that "matter" refers to legal cases or decisions at various levels, and describes "Chevron deference" as the respect courts give to a federal agency's interpretation of a law based on a notable Supreme Court case.