The Supreme Court's recent decision to overturn the 1984 Chevron ruling marks a significant change in the legal landscape for federal agencies.
In response to this landmark decision, Senator Bill Cassidy (R-LA), the ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, has introduced new legislation aimed at increasing accountability within the executive branch.
Cassidy's proposal, known as the Upholding Standards of Accountability (USA) Act, seeks to limit the executive branch's power and enhance congressional oversight.
The original Chevron decision required federal courts to defer to an agency’s interpretation of ambiguous provisions in federal statutes if the interpretation was reasonable. This deference allowed agencies considerable power in defining and implementing regulations.
Dr. Cassidy emphasized the importance of this legislation by stating, “For decades, the executive branch has exploited Chevron deference to increase its power beyond what Congress intended, all while skirting congressional oversight.”
The USA Act introduces several significant measures designed to ensure federal agencies remain accountable to Congress.
One key provision requires the head of a federal agency to testify about any major rule before the relevant committee within 30 days of its publication. This requirement aims to provide Congress with timely information and oversight regarding new regulations.
Another important aspect of the Act mandates that nominees for Senate-confirmed positions must testify before their confirmation.
This measure ensures that nominees are thoroughly vetted and accountable to the legislative branch before assuming their roles.
The Act also stipulates that federal agencies must conduct retrospective reviews of cost-benefit analyses for major rulemakings within five years of each rule’s effective date. This provision is intended to evaluate the long-term impacts and effectiveness of significant regulations, ensuring they serve the public interest.
To further enhance transparency, the USA Act allows federal agencies to communicate with Congress at all times regarding proposed rules.
This open line of communication is designed to foster better collaboration and ensure that lawmakers are informed about regulatory developments.
Additionally, the Act requires federal agencies to provide timely and substantive responses to congressional oversight inquiries. By holding agencies accountable for their actions and decisions, this provision aims to strengthen the checks and balances between the executive and legislative branches.
Senator Cassidy has already taken steps to enforce these principles by sending letters to federal agencies under the HELP Committee’s jurisdiction.
In these letters, he urged the agencies to comply with oversight inquiries and operate within the authorities granted by Congress.
Cassidy's letters also sought information on how these federal agencies plan to comply with the Supreme Court’s decision and implement laws as intended by Congress.
This proactive approach highlights the importance of maintaining accountability and ensuring that agencies do not exceed their granted powers.
Dr. Cassidy further emphasized the need for the USA Act by stating, “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.”
The introduction of the USA Act represents a significant effort to restore the balance of power between the branches of government and ensure that federal agencies remain answerable to Congress. By implementing these measures, Senator Cassidy aims to promote transparency, accountability, and effective governance.
The USA Act includes several provisions to enhance congressional oversight and accountability, such as requiring agency heads to testify about major rules, mandating nominee testimonies, and conducting retrospective reviews of major regulations.
Additionally, the Act ensures continuous communication between federal agencies and Congress, while also mandating timely responses to oversight inquiries. Through these measures, Senator Cassidy aims to uphold the principles of transparency and accountability in the wake of the Supreme Court's decision to overturn Chevron deference.
