[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4987 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4987

                      To codify Chevron deference.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2024

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

_______________________________________________________________________

                                 A BILL


 
                      To codify 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 ``Restoring Congressional Authority 
Act''.

SEC. 2. SCOPE OF JUDICIAL REVIEW OF AGENCY ACTIONS.

    (a) In General.--Section 706 of title 5, United States Code, is 
amended--
            (1) by striking ``To the extent necessary'' and inserting 
        the following:
    ``(a) In General.--To the extent necessary''; and
            (2) by adding at the end the following:
    ``(b) Deference to Reasonable Interpretation of Agency.--
            ``(1) Definition of covered provision.--In this subsection, 
        the term `covered provision', with respect to an agency, means 
        a statutory provision that the agency has authority to 
        implement.
            ``(2) Limitation on relief.--In reviewing under subsection 
        (a) an agency action that is alleged to violate a covered 
        provision, if the agency action complied with the covered 
        provision as interpreted by the agency, the reviewing court may 
        order relief only if the interpretation by the agency of the 
        covered provision was not reasonable.
            ``(3) Consideration of congressional intent.--
                    ``(A) In general.--In reviewing the reasonableness 
                of an agency's interpretation of a covered provision 
                under paragraph (1), the reviewing court shall consider 
                congressional intent with respect to the covered 
                provision.
                    ``(B) Determination of congressional intent.--In 
                order to determine congressional intent with respect to 
                a covered provision under subparagraph (A), the 
                reviewing court shall consider, in addition to the text 
                of the covered provision, only--
                            ``(i) any statement about the legislation 
                        that created the covered provision--
                                    ``(I) made--
                                            ``(aa) by a Member of 
                                        Congress during deliberation of 
                                        an applicable congressional 
                                        committee regarding the 
                                        legislation; or
                                            ``(bb) in the report of an 
                                        applicable congressional 
                                        committee with respect to the 
                                        legislation; or
                                    ``(II) made by a Member of Congress 
                                on the floor of the Senate or the House 
                                of Representatives;
                            ``(ii) any letter about or relating to the 
                        legislation that created the covered provision 
                        circulated by the Member of Congress who 
                        sponsored the legislation, including--
                                    ``(I) a letter commonly known as a 
                                `Dear Colleague letter'; or
                                    ``(II) a letter sent to a Federal 
                                agency that would be impacted by the 
                                legislation, the response to which 
                                informed the drafting of the 
                                legislation;
                            ``(iii) any press release issued by a 
                        Member of Congress about the legislation that 
                        created the covered provision; and
                            ``(iv) any statement, letter, or press 
                        release that satisfies the requirements under 
                        clause (i), (ii), or (iii), respectively, 
                        except that the statement, letter, or press 
                        release was about or relating to (as 
                        applicable) companion legislation, or other 
                        nearly identical legislation, to the 
                        legislation that created the covered provision.
    ``(c) Fast-Track Consideration of Legislation Overturning Certain 
Court Decisions.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Covered decision.--The term `covered 
                decision' means a decision of a court of appeals of the 
                United States under subsection (a) that an agency 
                action violated a covered provision (as defined in 
                subsection (b)) because the agency's interpretation of 
                the covered provision was not reasonable, as described 
                in subsection (b)(2).
                    ``(B) Covered resolution.--The term `covered 
                resolution' means only a joint resolution--
                            ``(i) introduced during the period 
                        beginning on the date on which a covered 
                        decision is issued and ending 60 days 
                        thereafter (excluding days either House of 
                        Congress is adjourned for more than 3 days 
                        during a session of Congress); and
                            ``(ii) the matter after the resolving 
                        clause of which contains only--
                                    ``(I) a citation to the covered 
                                decision;
                                    ``(II) a statement that Congress 
                                disapproves the covered decision; and
                                    ``(III) any language necessary to 
                                overturn the covered decision and 
                                authorize the invalidated agency 
                                action.
            ``(2) Referral.--A covered resolution shall be referred to 
        the committees in each House of Congress with jurisdiction.
            ``(3) Senate procedures.--
                    ``(A) Discharge of committee.--In the Senate, if 
                the committee to which is referred a covered resolution 
                has not reported the covered resolution (or an 
                identical joint resolution) at the end of 20 calendar 
                days after its introduction, the committee may be 
                discharged from further consideration of the covered 
                resolution upon a petition supported in writing by 30 
                Members of the Senate, and the covered resolution shall 
                be placed on the calendar.
                    ``(B) Floor consideration.--
                            ``(i) In general.--In the Senate, when the 
                        committee to which a covered resolution is 
                        referred has reported, or when a committee is 
                        discharged (under subparagraph (A)) from 
                        further consideration of a covered resolution, 
                        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 covered resolution, 
                        and all points of order against the covered 
                        resolution (and against consideration of the 
                        covered resolution) are waived. The motion is 
                        not subject to amendment, or 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 covered resolution is 
                        agreed to, the covered resolution shall remain 
                        the unfinished business of the Senate until 
                        disposed of.
                            ``(ii) Debate.--In the Senate, debate on 
                        the covered 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 covered 
                        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 covered resolution is 
                        not in order.
                            ``(iii) Vote on final passage.--In the 
                        Senate, immediately following the conclusion of 
                        the debate on a covered resolution, and a 
                        single quorum call at the conclusion of the 
                        debate if requested in accordance with the 
                        rules of the Senate, the vote on final passage 
                        of the covered resolution shall occur.
                            ``(iv) Rulings of the chair on procedure.--
                        Appeals from the decisions of the Chair 
                        relating to the application of the rules of the 
                        Senate to the procedure relating to a covered 
                        resolution shall be decided without debate.
                    ``(C) Expiration of procedures.--In the Senate, the 
                procedure specified in subparagraph (A) or (B) shall 
                not apply to the consideration of a joint resolution 
                respecting a covered decision--
                            ``(i) after the expiration of the 60 
                        session days beginning with the date on which 
                        the covered decision is issued; or
                            ``(ii) if the covered decision is issued 
                        during the period referred to in subsection 
                        (d)(1), after the expiration of the 60 session 
                        days beginning on the 15th session day after 
                        the succeeding session of Congress first 
                        convenes.
            ``(4) Coordination with action by other house.--If, before 
        the passage by one House of a covered resolution of that House, 
        that House receives from the other House a covered resolution, 
        then the following procedures shall apply:
                    ``(A) The covered resolution of the other House 
                shall not be referred to a committee.
                    ``(B) With respect to a covered resolution of the 
                House receiving the covered resolution--
                            ``(i) the procedure in that House shall be 
                        the same as if no covered resolution had been 
                        received from the other House; but
                            ``(ii) the vote on final passage shall be 
                        on the covered resolution of the other House.
            ``(5) Rules of senate and house of representatives.--This 
        subsection is enacted by Congress--
                    ``(A) as an exercise of the rulemaking power of the 
                Senate and 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 the 
                procedure to be followed in that House in the case of a 
                covered resolution, and it supersedes other rules only 
                to the extent that it is inconsistent with such rules; 
                and
                    ``(B) 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.
    ``(d) Fast-Track Consideration of Legislation Overturning Certain 
Court Decisions Issued Near End of Congressional Session or Between 
Sessions.--
            ``(1) In general.--In addition to the opportunity for 
        legislative review otherwise provided under subsection (c), in 
        the case of any covered decision (as defined in that 
        subsection) that is issued during the period beginning on the 
        date occurring, in the case of the Senate, 60 session days, or 
        in the case of the House of Representatives, 60 legislative 
        days, before the date on which Congress adjourns a session of 
        Congress through the date on which the same or succeeding 
        Congress first convenes its next session, subsection (c) shall 
        apply to the covered decision in the succeeding session of 
        Congress.
            ``(2) Deemed date of court decision.--In applying 
        subsection (c) for purposes of the additional legislative 
        review described in paragraph (1) of this subsection, a covered 
        decision described in that paragraph shall be treated as though 
        the covered decision were issued on, in the case of the Senate, 
        the 15th session day, or, in the case of the House of 
        Representatives, the 15th legislative day, after the succeeding 
        session of Congress first convenes.''.
    (b) Technical and Conforming Amendments.--
            (1) Congressional accountability act of 1995.--Section 409 
        of the Congressional Accountability Act of 1995 (2 U.S.C. 1409) 
        is amended--
                    (A) by striking ``subparagraphs (A) through (D) of 
                section 706(2)'' and inserting ``subparagraphs (A) 
                through (D) of section 706(a)(2)''; and
                    (B) by striking ``section 706(2)(B)'' and inserting 
                ``section 706(a)(2)(B)''.
            (2) Unfunded mandates reform act of 1995.--Section 
        401(a)(2)(A) of the Unfunded Mandates Reform Act of 1995 (2 
        U.S.C. 1571(a)(2)(A)) is amended by striking ``section 706(1)'' 
        and inserting ``section 706(a)(1)''.
            (3) United states warehouse act.--Section 13(d)(2) of the 
        United States Warehouse Act (7 U.S.C. 252(d)(2)) is amended by 
        striking ``section 706(2)'' and inserting ``section 
        706(a)(2)''.
            (4) Title 11, united states code.--Section 1172(b) of title 
        11, United States Code, is amended by striking ``sections 
        706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D)'' and inserting 
        ``subparagraphs (A) through (D) of section 706(a)(2)''.
            (5) Title 14, united states code.--Section 2507(b)(2)(A) of 
        title 14, United States Code, is amended by striking ``section 
        706(1)'' and inserting ``section 706(a)(1)''.
            (6) Federal trade commission act.--Section 18(e) of the 
        Federal Trade Commission Act (15 U.S.C. 57a(e)) is amended--
                    (A) in paragraph (3), in the matter preceding 
                subparagraph (A), by striking ``section 706(2)'' and 
                inserting ``section 706(a)(2)''; and
                    (B) in paragraph (5)(C), by striking ``section 
                706(2)(E)'' and inserting ``section 706(a)(2)(E)''.
            (7) Federal hazardous substances act.--Section 3(e)(3)(C) 
        of the Federal Hazardous Substances Act (15 U.S.C. 
        1262(e)(3)(C)) is amended by striking ``section 706'' and 
        inserting ``section 706(a)''.
            (8) Poison prevention packaging act of 1970.--Section 
        5(b)(3) of the Poison Prevention Packaging Act of 1970 (15 
        U.S.C. 1474(b)(3)) is amended by striking ``section 706'' and 
        inserting ``section 706(a)''.
            (9) Toxic substances control act.--Section 19(c)(1)(B) of 
        the Toxic Substances Control Act (15 U.S.C. 2618(c)(1)(B)) is 
        amended by striking ``706'' each place it appears and inserting 
        ``706(a)''.
            (10) Fastener quality act.--Section 6(b)(3) of the Fastener 
        Quality Act (15 U.S.C. 5408(b)(3)) is amended by striking 
        ``section 706(2)'' and inserting ``section 706(a)(2)''.
            (11) Northern pacific halibut act of 1982.--Section 8(b) of 
        the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773f(b)) is 
        amended by striking ``section 706(2)'' and inserting ``section 
        706(a)(2)''.
            (12) South pacific tuna act of 1988.--Section 8(b) of the 
        South Pacific Tuna Act of 1988 (16 U.S.C. 973f(b)) is amended 
        by striking ``section 706(2)'' and inserting ``section 
        706(a)(2)''.
            (13) Marine mammal protection act of 1972.--Section 
        109(c)(4) of the Marine Mammal Protection Act of 1972 (16 
        U.S.C. 1379(c)(4)) is amended by striking ``section 706(2) (A) 
        through (E)'' and inserting ``subparagraphs (A) through (E) of 
        section 706(a)(2)''.
            (14) Magnuson-stevens fishery conservation and management 
        act.--Section 308(b) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1858(b)) is amended 
        by striking ``section 706(2)'' and inserting ``section 
        706(a)(2)''.
            (15) Antarctic marine living resources convention act of 
        1984.--Section 308(c) of the Antarctic Marine Living Resources 
        Convention Act of 1984 (16 U.S.C. 2437(c)) is amended by 
        striking ``section 706(2)(E)'' and inserting ``section 
        706(a)(2)(E)''.
            (16) Alaska national interest lands conservation act.--
        Section 1002(g)(2) of the Alaska National Interest Lands 
        Conservation Act (16 U.S.C. 3142(g)(2)) is amended by striking 
        ``section 706(2)(E)'' and inserting ``section 706(a)(2)(E)''.
            (17) Fisheries act of 1995.--Section 108(d) of the 
        Fisheries Act of 1995 (16 U.S.C. 5507(d)) is amended by 
        striking ``section 706(2)'' and inserting ``section 
        706(a)(2)''.
            (18) Tariff act of 1930.--Section 777(f)(5) of the Tariff 
        Act of 1930 (19 U.S.C. 1677f(f)(5)) is amended by striking 
        ``section 706(2)'' and inserting ``section 706(a)(2)''.
            (19) Federal food, drug, and cosmetic act.--Section 912(b) 
        of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387l(b)) 
        is amended by striking ``section 706(2)(A)'' and inserting 
        ``section 706(a)(2)(A)''.
            (20) Title 28, united states code.--Section 3902 of title 
        28, United States Code, is amended by striking ``section 
        706(2)'' and inserting ``section 706(a)(2)''.
            (21) Migrant and seasonal agricultural worker protection 
        act.--The Migrant and Seasonal Agricultural Worker Protection 
        Act (29 U.S.C. 1801 et seq.) is amended--
                    (A) in section 103(c) (29 U.S.C. 1813(c)), by 
                striking ``section 706(2)(E)'' and inserting ``section 
                706(a)(2)(E)''; and
                    (B) in section 503(c) (29 U.S.C. 1853(c)), by 
                striking ``section 706(2)(E)'' and inserting ``section 
                706(a)(2)(E)''.
            (22) Deep seabed hard mineral resources act.--Section 
        302(b) of the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 
        1462(b)) is amended by striking ``section 706(2)(E)'' and 
        inserting ``section 706(a)(2)(E)''.
            (23) Public health service act.--Section 2723(b)(2)(E)(iii) 
        of the Public Health Service Act (42 U.S.C. 300gg-
        22(b)(2)(E)(iii)) is amended by striking ``section 706(2)(E)'' 
        and inserting ``section 706(a)(2)(E)''.
            (24) Social security act.--Section 410(c)(2) of the Social 
        Security Act (42 U.S.C. 610(c)(2)) is amended by striking 
        ``section 706(2)'' and inserting ``section 706(a)(2)''.
            (25) Ocean thermal energy conversion act of 1980.--Section 
        302(c)(2) of the Ocean Thermal Energy Conversion Act of 1980 
        (42 U.S.C. 9152(c)(2)) is amended by striking ``section 
        706(2)'' and inserting ``section 706(a)(2)''.
            (26) Regional rail reorganization act of 1973.--Section 
        216(c)(3) of the Regional Rail Reorganization Act of 1973 (45 
        U.S.C. 726(c)(3)) is amended by striking ``section 706(2)'' and 
        inserting ``section 706(a)(2)''.
            (27) Milwaukee railroad restructuring act.--The Milwaukee 
        Railroad Restructuring Act (45 U.S.C. 901 et seq.) is amended--
                    (A) in section 5(b)(2) (45 U.S.C. 904(b)(2)), by 
                striking ``sections 706(2)(A), 706(2)(B), 706(2)(C), 
                and 706(2)(D)'' and inserting ``subparagraphs (A) 
                through (D) of section 706(a)(2)''; and
                    (B) in section 17(b)(2) (45 U.S.C. 915(b)(2)), by 
                striking ``sections 706(2)(A), 706(2)(B), 706(2)(C), 
                and 706(2)(D)'' and inserting ``subparagraphs (A) 
                through (D) of section 706(a)(2)''.
            (28) Title 46, united states code.--Section 102(c)(3)(B) of 
        title 46, United States Code, is amended by striking ``section 
        706(2)(E)'' and inserting ``section 706(a)(2)(E)''.
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