118 S4641 IS: Bureaucratic Overreach Review Act U.S. Senate 2024-07-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS2d SessionS. 4641IN THE SENATE OF THE UNITED STATESJuly 9, 2024Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo provide for certain reforms pertaining to Chevron deference.

1.

Short title

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

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).

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.

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.