Ranking Member Cassidy Introduces Legislation to Rein in Administrative State Amid Overturning of Chevron Deference

WASHINGTON - U.S. Senator Bill Cassidy, M.D. (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, introduced the Upholding Standards of Accountability (USA) Act to rein in the executive branch and ensure federal agencies are held accountable to Congress. This bill comes as the Supreme Court recently overturned its previous 1984 Chevron decision, which required federal courts to defer to an agency's interpretation of ambiguous provisions in federal statutes so long as the court determined that the agency's interpretation was reasonable.

"For decades, the executive branch has exploited Chevron deference to increase its power beyond what Congress intended, all while skirting congressional oversight," said Dr. Cassidy. "Now, with Chevron deference overturned, Congress must work to rein in the executive branch and hold it accountable to the people and their elected representatives."

Specifically, theUSA Act would:

• Require the head of a federal agency signing a major rule to testify about the rule before the committee of jurisdiction within 30 days of the rule being published;
• Require each person nominated to a Senate-confirmed position to testify before the committee of jurisdiction prior to Senate confirmation;
• Improve cost-benefit analyses by requiring federal agencies to conduct retrospective reviews of such analyses for major rulemakings within five years of each rule's effective date;
• Clarify that federal agencies are permitted to communicate with Congress at all times regarding proposed rules; and
• Require timely, substantive responses to congressional oversight from federal agencies.

After the Supreme Court's decision, Cassidy sent letters to federal agencies under the HELP Committee's jurisdiction urging compliance with all Committee oversight inquiries and that the agencies operate within the bounds of the authorities that Congress has given them. He also sought information on how the agencies will comply with the Supreme Court's decision and how they plan to implement laws as Congress intended.

Read the full bill text here.

Read the full one-pager here.

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