[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4641 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4641

    To provide for certain reforms pertaining to Chevron deference.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2024

  Mr. Cotton introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To provide for certain reforms pertaining to Chevron deference.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bureaucratic Overreach Review Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) terms used have the meanings given such terms in 
        section 551 of title 5, United States Code;
            (2) the term ``matter'' means a case before a Federal 
        court, a proceeding before an agency, or an agency decision; 
        and
            (3) the term ``Chevron deference'' means deference accorded 
        by a court to the interpretation of a Federal statute by a 
        Federal agency pursuant to the decision in Chevron U.S.A., Inc. 
        v. Natural Resources Defense Council, Inc., 467 U.S. 837 
        (1984).

SEC. 3. GAO REPORT ON CHEVRON CASES.

    Not later than 180 days after the date of enactment of this Act, 
the Comptroller General of the United States shall submit to Congress a 
report identifying matters wherein Chevron deference was implicated. 
The report shall compile a list of the statutes and rules implicated in 
each such matter that are in effect as of the date of the report. The 
analysis will consider and report on the private party interests that 
were or would be impacted as a result of the court according such 
deference.

SEC. 4. AGENCY PREDICTABILITY AND ACCOUNTABILITY.

    Each Federal agency shall conduct a review of any matter to which 
the agency was a party since the decision was issued in Chevron U.S.A., 
Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), 
wherein the agency was accorded Chevron deference. The agency shall 
identify the statute or rule implicated, the interpretation of the 
agency, and what alternative interpretations were asserted by another 
party. The agency shall reassess the interpretation of the agency in a 
written, published memorandum supporting, reversing, or modifying such 
interpretation.
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